To Start Airport Work?

Litigants opposed to the runway reconstruction at East Hampton Airport failed to get a temporary restraining order to stop the work after arguing their case before State Supreme Court Justice Donald Kitson on Monday.

The same judge ordered East Hampton Supervisor Cathy Lester to sign a construction contract for the project in December following a suit brought by the chosen contractor against the town and Supervisor.

The Supervisor had refused to follow through on the contract, approved by the then-Republican Town Board majority, because she believed the project hadn't received adequate environmental or public review.

Dropped Appeal

The town was in the process of appealing the decision and was working toward a settlement with the group opposed to the runway project that would allow the town to accept a Federal Aviation Administration grant and do the runway work, but also make some concessions to the opposition.

On March 10 the Town Board, now with a Democratic majority, agreed to drop the appeal and authorized the Supervisor to sign the contract with Hendrickson Brothers, a Farmingdale firm.

F.A.A. Deadline

Litigants against the project called for a temporary restraining order to prevent the Supervisor from putting her signature on the contract. They argued the merits of their request before Justice Kitson on Monday, with attorneys for the town, the Airport Property Owners Association, and Hendrickson Brothers, making a case against the restraining order.

Although the litigants were unsuccessful on this front, they are pursuing a preliminary injunction to halt the project, according to their attorney, Pat Trunzo 3d.

The matter could take weeks or months to decide, but on March 24 the town must either accept or forfeit the $2.4 million F.A.A. grant for the project.

Still No Signature

"The town is duty-bound to proceed . . . there is no legal impediment [to signing the contract]" said Anthony Darienzo, the Huntington attorney for the East Hampton Airport Property Owners Association. The Airport Property Owners and Hendrickson Brothers have intervened in the Trunzo case on the town's side as interested parties.

The Airport Property Owners had asked to be included in the town's negotiating sessions with Mr. Trunzo and his clients, but were turned down.

Last Friday, the Supervisor said she was waiting to sign the contract until the restraining order was considered by Justice Kitson. She had not signed as of yesterday morning.

Not The Same Thing

The town's special counsel, Richard Cahn of Melville, believes it is unlikely the litigants will get an injunction against the project. "I think the merits of the case are in the town's favor," he said. He has advised the Supervisor to sign the contract and said she would do so before Tuesday.

"Planning to sign and signing aren't the same thing," said a wary Mr. Darienzo.

If the town follows the course set out in the March 10 Town Board resolution, Hendrickson reportedly plans to begin work on the runway in two weeks.

In the event that a preliminary injunction were eventually obtained, however, work on the runway might have to cease.