A New York state court has ordered the Shinnecock Tribal Nation to stop construction of a travel plaza in Hampton Bays.
The gas station and travel plaza are being constructed on a parcel of land known as “Westwoods” on Newtown Road. The tribe has been excavating the 80-acre property since August of last year. Some Southampton residents complained about the construction to the town board.
The lawsuit was filed after the town heard complaints from nearby residents, several of whom questioned the tribe’s sovereignty on the Westwoods property. The town sued tribal trustees in December and, weeks later, requested an injunction to halt the project.
In the injunction request, Southampton calls the Westwoods location “non-reservation” land. It alleges that the construction violates zoning ordinances and state and local laws and creates a public nuisance. In the injunction request, it stated that
The judge granted the preliminary injunction based on the town’s claims, which are sufficient to establish a stop order. The court found that The Court finds that there would be the “danger of an irreparable injury absent the grant of a preliminary injunction.”
In the court order, Judge Maureen Liccione said the decision to grant the order includes language enjoining ''all activities in furtherance of construction of a travel plaza, gas station, convenience store, petroleum storage tanks and appurtenant structures, including but not limited to excavation and paving on the land known as 'Westwoods."'
Representatives for the tribe have previously stated that Southampton’s augment hinges on proving that the area is not Shinnecock territory in an attempt to “circumvent tribal sovereign immunity.” However, the tribe said the area is part of its sovereign territory and immune from state or local zoning. It asked to dismiss the case before Monday’s ruling, saying the state Supreme Court lacks jurisdiction, but that was denied.
It is unclear if the tribe will appeal the Monday court-ordered decision. A representative for the Tribe could not be reached for comment.
