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A NYS Suffolk County Supreme Court justice yesterday granted a preliminary injunction against the continued construction of a gas station in Hampton Bays by the Shinnecock Nation. Michael Wright reports on 27east.com that the injunction issued by Justice Maureen Liccione ordered that all construction activity “cease immediately” — though it is not clear whether the tribe, who have said New York State courts do not have authority over them as a sovereign Indigenous nation, will comply with the order voluntarily. A state court similarly enjoined the tribe from operating two electronic billboards along Sunrise Highway last fall, but the billboards have remained on because the New York State Department of Transportation has not taken any steps to enforce the ruling. Southampton Town Supervisor Maria Moore said on Monday, “In addition to enjoining the Tribal Trustees from construction activity, Judge Liccione enjoined all construction on the site, so the order granting the preliminary injunction definitely applies to the contractor. We're seeking the advice of our attorneys as to what measures are available to the Town to obtain compliance with the terms of the court's order.” In her decision, Liccione referred to the tribe’s Westwoods property as a “residential parcel of non-reservation land,” and said that the construction of the gas station and travel plaza violated Southampton Town zoning codes and New York State law.
***
A state Supreme Court judge in Riverhead yesterday ordered the Shinnecock Indian Nation's leaders to immediately cease all construction work at the tribe's half-finished gas station/travel plaza along Sunrise Highway in Hampton Bays.
The judge’s decision granting a temporary restraining order requested by the Town of Southampton also called into question a recent federal finding that the 80-acre Shinnecock Nation property on which the travel plaza is being built…adjacent north to 27 westbound… enjoyed special protected status as aboriginal sovereign land.
In an order Monday, NYS Supreme Court Judge Maureen Liccione in Riverhead ordered "all activities" relating to the nation’s travel plaza and gas station at Westwoods "must cease immediately." The order includes all paving and excavation on the 80-acre property, which already is cleared with a long paved road along its western edge and a steel building frame.
Mark Harrington reports in NEWSDAY that the Shinnecock Nation will appeal her ruling, according to vice chairman Lance Gumbs, who criticized the judge's ruling as failing to understand the tribe’s status.
"She’s not looking at this as if we are a government with our own laws and regulations," he said. "She’s trying to incorporate us into the town and under town’s jurisdiction and we are not under the town’s jurisdiction. We are a sovereign nation."
Asked if the nation would stop work, Gumbs said, "No comment."
James Burke, a lawyer for Southampton Town, said he was reviewing the decision with outside lawyers to determine next steps, including what to do if the nation fails to obey the order.
"We haven’t discussed how to enforce this as of yet," said Burke, who added he’d reached out to the town and discussed with tribal lawyers the prospect of a separate agreement by which the nation and the town can move forward. The nation has previously ignored town-issued stop-work orders.
***
In the Town of Southampton, polls are open today until 9pm for a special election to fill the vacancy left by former Councilman Tommy John Schiavoni’s election to the New York State Assembly.
Democrat John J. Leonard, 55, and Republican Richard Martel, 65, both of Hampton Bays, are vying to succeed Democrat Tommy John Schiavoni after his election in November to the New York State Assembly.
The victor in today’s election will serve the remainder of Schiavoni’s term, which expires Dec. 31. Both Leonard and Martel said they will seek a full four-year term in the general election on Nov. 4.
Democrats now hold a 3-1 majority on the Southampton Town Board.
The polls are also open today at the Third Street Firehouse in Greenport Village until 9pm for elections where voters in the Village of Greenport will elect candidates to fill two seats on the Greenport Village Board for the next four years.
***
The Town of Southampton remains committed to building a wastewater treatment plant in Riverside despite the “$5 million shortfall” it now faces as a result of all congressionally directed spending being halted by the federal government for fiscal year 2025, Southampton Town Planner Janice Scherer said yesterday. Denise Civiletti reports on Riverheadlocal.com that the stopgap funding measure enacted this weekend does not contain any congressionally directed spending for fiscal year 2025, including a $5 million grant submitted by Senate Minority Leader Chuck Schumer {D-NY} for the Riverside sewer district facility.
Southampton will evaluate its options for filling that funding gap, including obtaining financing through the state Environmental Facilities Corporation, which extended a line of credit to the town for completion of the multimillion-dollar facility, Scherer said.
Permitting and construction of the facility won’t get underway until mid-2027 and should be completed by 2030, officials said at a community meeting last week at Phillips Avenue Elementary School. If congressionally directed spending is back in fiscal year 2026, the town could ask the senator to resubmit the request, Scherer said.
The wastewater treatment facility is necessary for the redevelopment of Riverside proposed in the Riverside revitalization plan adopted by the Southampton Town Board in 2015.
The proposed facility, which will be built in two phases, would serve 840 existing housing units in Riverside and is designed to serve an additional 2,300 new housing units contemplated in its service area.
“The delay in federal funding will not kill the project,” Scherer said. The town is committed to the revitalization of the Riverside hamlet, to making it an attractive gateway to the Town of Southampton, putting in the infrastructure and improving people’s lives,” she said.
Southampton Town officials and representatives of the engineering firm will make a presentation at the next meeting of the Flanders, Riverside and Northampton Community Association tomorrow evening at 7 p.m. in the Crohan Community Center on Flanders Road.
Donate to WLIW-FM today to keep this podcast going!
A NYS Suffolk County Supreme Court justice yesterday granted a preliminary injunction against the continued construction of a gas station in Hampton Bays by the Shinnecock Nation. Michael Wright reports on 27east.com that the injunction issued by Justice Maureen Liccione ordered that all construction activity “cease immediately” — though it is not clear whether the tribe, who have said New York State courts do not have authority over them as a sovereign Indigenous nation, will comply with the order voluntarily. A state court similarly enjoined the tribe from operating two electronic billboards along Sunrise Highway last fall, but the billboards have remained on because the New York State Department of Transportation has not taken any steps to enforce the ruling. Southampton Town Supervisor Maria Moore said on Monday, “In addition to enjoining the Tribal Trustees from construction activity, Judge Liccione enjoined all construction on the site, so the order granting the preliminary injunction definitely applies to the contractor. We're seeking the advice of our attorneys as to what measures are available to the Town to obtain compliance with the terms of the court's order.” In her decision, Liccione referred to the tribe’s Westwoods property as a “residential parcel of non-reservation land,” and said that the construction of the gas station and travel plaza violated Southampton Town zoning codes and New York State law.
***
A state Supreme Court judge in Riverhead yesterday ordered the Shinnecock Indian Nation's leaders to immediately cease all construction work at the tribe's half-finished gas station/travel plaza along Sunrise Highway in Hampton Bays.
The judge’s decision granting a temporary restraining order requested by the Town of Southampton also called into question a recent federal finding that the 80-acre Shinnecock Nation property on which the travel plaza is being built…adjacent north to 27 westbound… enjoyed special protected status as aboriginal sovereign land.
In an order Monday, NYS Supreme Court Judge Maureen Liccione in Riverhead ordered "all activities" relating to the nation’s travel plaza and gas station at Westwoods "must cease immediately." The order includes all paving and excavation on the 80-acre property, which already is cleared with a long paved road along its western edge and a steel building frame.
Mark Harrington reports in NEWSDAY that the Shinnecock Nation will appeal her ruling, according to vice chairman Lance Gumbs, who criticized the judge's ruling as failing to understand the tribe’s status.
"She’s not looking at this as if we are a government with our own laws and regulations," he said. "She’s trying to incorporate us into the town and under town’s jurisdiction and we are not under the town’s jurisdiction. We are a sovereign nation."
Asked if the nation would stop work, Gumbs said, "No comment."
James Burke, a lawyer for Southampton Town, said he was reviewing the decision with outside lawyers to determine next steps, including what to do if the nation fails to obey the order.
"We haven’t discussed how to enforce this as of yet," said Burke, who added he’d reached out to the town and discussed with tribal lawyers the prospect of a separate agreement by which the nation and the town can move forward. The nation has previously ignored town-issued stop-work orders.
***
In the Town of Southampton, polls are open today until 9pm for a special election to fill the vacancy left by former Councilman Tommy John Schiavoni’s election to the New York State Assembly.
Democrat John J. Leonard, 55, and Republican Richard Martel, 65, both of Hampton Bays, are vying to succeed Democrat Tommy John Schiavoni after his election in November to the New York State Assembly.
The victor in today’s election will serve the remainder of Schiavoni’s term, which expires Dec. 31. Both Leonard and Martel said they will seek a full four-year term in the general election on Nov. 4.
Democrats now hold a 3-1 majority on the Southampton Town Board.
The polls are also open today at the Third Street Firehouse in Greenport Village until 9pm for elections where voters in the Village of Greenport will elect candidates to fill two seats on the Greenport Village Board for the next four years.
***
The Town of Southampton remains committed to building a wastewater treatment plant in Riverside despite the “$5 million shortfall” it now faces as a result of all congressionally directed spending being halted by the federal government for fiscal year 2025, Southampton Town Planner Janice Scherer said yesterday. Denise Civiletti reports on Riverheadlocal.com that the stopgap funding measure enacted this weekend does not contain any congressionally directed spending for fiscal year 2025, including a $5 million grant submitted by Senate Minority Leader Chuck Schumer {D-NY} for the Riverside sewer district facility.
Southampton will evaluate its options for filling that funding gap, including obtaining financing through the state Environmental Facilities Corporation, which extended a line of credit to the town for completion of the multimillion-dollar facility, Scherer said.
Permitting and construction of the facility won’t get underway until mid-2027 and should be completed by 2030, officials said at a community meeting last week at Phillips Avenue Elementary School. If congressionally directed spending is back in fiscal year 2026, the town could ask the senator to resubmit the request, Scherer said.
The wastewater treatment facility is necessary for the redevelopment of Riverside proposed in the Riverside revitalization plan adopted by the Southampton Town Board in 2015.
The proposed facility, which will be built in two phases, would serve 840 existing housing units in Riverside and is designed to serve an additional 2,300 new housing units contemplated in its service area.
“The delay in federal funding will not kill the project,” Scherer said. The town is committed to the revitalization of the Riverside hamlet, to making it an attractive gateway to the Town of Southampton, putting in the infrastructure and improving people’s lives,” she said.
Southampton Town officials and representatives of the engineering firm will make a presentation at the next meeting of the Flanders, Riverside and Northampton Community Association tomorrow evening at 7 p.m. in the Crohan Community Center on Flanders Road.