Quogue nixes EłA <i>eruv</i> application</i>

Friday, May 18, 2012

Quogue nixes EłA eruv application

In a five page decision issued at this afternoon's monthly Board of Trustees meeting, the Incorporated Village of Quogue denied the application of the East End Eruv As­sociation to attach lechis to any utility poles within its boundaries.

The decision was unanimous.

Quogue's not entirely unexpected action marks the first formal setback for EłA in its attempt to create a symbolic religious boundary which would encompass portions of Quogue Village and Southampton Town and the entirety of Westhampton Beach, in which municipality Hampton Syna­gogue is located.

Applicant's attorney, Robert Sugarman of Weil Gotshal & Manges LLP, represented at the Village Board hearing of March 19, 2012, that there were approximately five families in Quogue holding Orthox Jewish beliefs who would benefit from the presence of an eruv.

An element of particular interest was the description of the lechis in the EłA application as:

"5/8-inch deep, half-round strips of PVC that can be painted any color to blend with the surroundings. They are 10-15 feet in length and placed vertically on the utility poles and topped with a white cap."

This is considerably at variance with either description of the demarking lechis offered during Hampton Synagogue's discontinued 2008 application for an eruv before the Village Board of Westhampton Beach.

Quogue's approach is markedly different than that of West­hampton Beach which, while no application is pending, has submitted a brief to Judge Leonard D. Wexler of the U. S. District Court, Eastern District of New York, offering its well-researched position that for the owners of the utility poles, Verizon and Long Island Power authority, to allow the attachment of lechis, would be a violation of the franchise agreements with the municipality.

Doubtless, more will be heard from EłA on this after­noon's decision.

Although one of the principals, Marvin Tenzer, is given to flapping his gums and brandishing legal swords, Mr. Sugar­man, seemingly anticipating Quogue's decision and its legal theory, had quietly and directly put that Village on notice "not to reject the eruv application."

Comments

1. EastEnd68 said...

It took five pages when just "NO" would have done.

Try defending such a response in the certain-to-follow EłA appeal.

Actually, I thought that Quogue's decision was admirably succinct.
Dean

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