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Apr 20, 2017 2:11 PMPublication: The Southampton Press

Supreme Court Orders Additional Briefings In East Hampton Bid To Overturn Appeals Court Ruling

Apr 20, 2017 2:40 PM

The U.S. Supreme Court on Wednesday ordered additional briefings in East Hampton Town’s bid to overturn an appeals court decision that removed the town’s power to impose curfews and other controls at the East Hampton Airport.

Councilwoman Kathee Burke-Gonzalez, the Town Board’s liaison to the airport, which is owned by the town, on Thursday called the order “a positive sign that the court is taking our petition very seriously.”

Specifically, the Supreme Court ordered a group led by Friends of the East Hampton Airport, which represents commercial aviation interests, to submit a brief within 30 days opposing the town’s petition for Supreme Court review. After that brief has been submitted, the town will have two weeks to reply—which means the court could decide by the end of June whether it will hear the case, Ms. Burke-Gonzalez said.

“The town welcomes the opportunity to be further heard by the filing of a reply brief, on the drastic impacts that the 2nd Circuit’s decision will have on our airport and airports across the country,” the councilwoman said in a statement.

The 2nd Court ruled last fall that local governments do not have the authority to impose limits that supersede rules set by the Federal Aviation Administration, which voided two curfews at the East Hampton Airport as well as limits on how many times an aircraft could take off and land there in one week.

Earlier this month, New York City filed a brief with the Supreme Court in support of East Hampton Town’s petition, as did the Town of Southold and, jointly, the Committee to Stop Airport Expansion and the International Municipal Lawyers Association.

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Interesting that the pro-airport Friends group had apparently not yet filed a brief opposing the Town's request for a Supreme Court review of this case. An oversight or just simple arrogance?

Given the recent editorial in the paper to our east -- opining that the intransigence of the local pilots on noise issues might actually result in the closure of the airport -- the Court's grant of certiorari to hear the case could force the issue in time for this Fall's EH Town Board elections.

Fasten ...more
By PBR (4819), Southampton on Apr 20, 17 2:29 PM
As for local pilots being intransigent, again you have no clue of what you are talking about. Clearly you missed the public work session meeting and presentations held on Tuesday. Local pilots are the ones who have brought together the helicopter counsel and the Town Board to come up with a strictly enforced noise abatement curfew plan that mimic's the one in place last year which the court threw out. There are also new routes created to alleviate helicopter noise over the same households and the ...more
By localEH (230), East Hampton on Apr 20, 17 4:31 PM
PBR, clearly neither you nor the Town Board have a clue about how a Writ of Certiorari works at the SCOTUS level. You probably should refrain from commenting because you just make yourself look terribly ignorant. The Respondent always has the right to chose to file a BIO (Brief In Opposition). Once the Petition for Cert is filed the Respondent has three options: 1) acquiesce to the Petition (doesn't mean the SCOTUS will take the case, just that the the Respondent doesn't object if they choose to ...more
By localEH (230), East Hampton on Apr 20, 17 3:37 PM
too long, didnt read

no one cares dude... everyone still sees and hears the aircraft
By adlkjd923ilifmac.aladfksdurwp (424), southampton on Apr 20, 17 5:03 PM
2 members liked this comment
So if it's not in Twitter format you anti-airport people just live in boundless ignorance. That explains a lot. However I suspect it's more about the fact that you hate to be proven so completely wrong, so you act like a surly pre-teen and stomp off in a huff.
By localEH (230), East Hampton on Apr 20, 17 7:58 PM
2 members liked this comment
The Supreme Court will never hear a nimby type lawsuit what a waste of resources.
By chief1 (2337), southampton on Apr 20, 17 10:53 PM
1 member liked this comment
Its really a very simple fix, one that the helo pilots refuse to do. When approaching the Northville Tanks before they turn over the North Fork, they should climb to 3000 and slow to 80 knots and they would be just a whisper. I watched the radar on airreportnoise.com when they were circling in Peconic Bay before they were able to land due to the curfew. They were high and slow, couldnt hear them. SO how much longer would the flight be? 1-5 minutes to HTO?? SUCH AND INCONVIENENCE..... There wouldnt ...more
By North Sea Citizen (454), North Sea on Apr 21, 17 6:07 AM
Actually that's exactly what Jeff Smith announced in his presentation on Tuesday to the Town Board. They will be doing all of the transitions at 3500ft and will be doing best rate of climb which is about 80kts. The caveat is weather, if there is a thick cloud deck below 3500ft then occasionally they will have to fly under it (but not under 1000ft). But remember they cannot just fly right over the airport at 3500ft and descend vertically straight down - that is a major violation of several FAA rules ...more
By localEH (230), East Hampton on Apr 21, 17 8:26 AM
1 member liked this comment
Interesting that all this so-called "Do-Good" activity by the out-of-town commercial chopper interests . . .

TOOK YEARS TO GET GOING !!!!

. . . and that it ONLY started after "airport may close" became a publicly debated possibility.

Why didn't they acknowledge the noise problem years and years ago?

Stubborn intransigence!

As I said in the other thread:
____________________________________________________
"A quieter EH airport COULD remain open ...more
By PBR (4819), Southampton on Apr 21, 17 9:10 AM
2 members liked this comment
Noise! Noise! Noise!

Fiddle Fiddle Fiddle !!!
By Nero (234), Sag Harbor on Apr 21, 17 7:10 AM
Now there's a constructive comment!
By hto (11), sag harbor on Apr 21, 17 1:03 PM
The industry is doing better but nowhere near enough. The ERHC flight paths are same as last year and that was not a good year. The 11PM curfew is unacceptable given 70% of flights are Twin Engine Models. The Twin Engines are just too loud even at 3000-3500 feet. They will shake your walls and wake you up at 3000 feet, I saw/felt it all summer last year.

Industry data shows that in a low ambient noise environment twin engine helicopters need to be much higher to even achieve the government's ...more
By eastend11957 (6), Jersey City on Apr 21, 17 1:35 PM
I developed 3 minor subdivision in Sagaponack over 20 years ago. At that time I was required to have convent on the subdivision map that read, "All lots in this subdivision are within the proximity of East Hampton Airport and are subject to airport noise." So anyone that lives w/in 5 miles of East Hampton airport should have know what they were getting into.
By tim2011 (14), southampton on Apr 22, 17 12:08 AM
2 members liked this comment
Tim - First off I'd be willing to bet most buyers within 5 miles have no concept of the quantity of helicopters in/out of EH. Secondly the noise hits neighborhoods the whole way from NYC to EH. Why should someone in Whitestone Queens, Riverhead Stony Brook, or Southold be subject to EH bound noise from which they receive ZERO benefit???

As for the earlier comments on complaints - please. The fact that the industry is in charge of complaints (fox watching hen house) is crazy. Here's ...more
By eastend11957 (6), Jersey City on Apr 22, 17 7:49 AM
LocalEH the fact is they dont do that and fly fast and low all the time. The Twin Sikorsky's and that other Augusta rattle my house and the air footprint precedes them by minutes. I also represent some houses nearby and the air traffic has actually shaved $1mm off the list price of a home and its the biggest topic that comes up with buyers. Nice house but..... When the house was built there was no where near the volume of activity and there aren't any covenants. Personally I think these owners should ...more
By North Sea Citizen (454), North Sea on Apr 22, 17 8:04 AM
Your claims about real estate prices having any connection to the existence of HTO are utter bull carp. There are plenty of legitimate real estate reports on why home prices have taken a dip recently and NOT ONE of them has even hinted at the airport or aircraft being a factor. All of the reports said the drop was due to "stock market jitters, slowing global economy, and the drastic drop in Wall Street bonuses" causing a "loss of confidence and a dampened appetite to buy". If you are telling clients ...more
By localEH (230), East Hampton on Apr 22, 17 11:59 AM
localEH - are you seriously trying to argue that being under a Twin Engine Heavy Chopper flight path won't lower property value?

Even DJT knows aviation noise is a problem and fought the FAA for years with lawsuits trying to re-route planes away from Mar-A-Lago. Why do you think NYC shut down the E 60th St helipad in the 90s? Why do you think EH does everything in its power to keep flights away from Georgica Pond which happens to be quite close.

The aviation industry has ...more
By eastend11957 (6), Jersey City on Apr 22, 17 6:26 PM
The court didn't order anything. The plainiffs made a request to be heard and requested more information. The chances of a rich people problem being heard is around zero. Who the hell is advising the board and who's paying?
By chief1 (2337), southampton on Apr 23, 17 1:07 PM
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