Jerry's Lawsuit: How Much And Where?

The blanket of silence imposed on the recent settlement between East Hampton Village and Jerry Della Femina in the so-called "pumpkin suit" is an affront to open government.

Although it is usual in out-of-court settlements for the two sides to tell the public that the gag order was "imposed" by the judge, what is more likely is that one side asked for it, and the other agreed in order to bring the case to a conclusion.

It seems pretty clear in this instance which was which. Private parties may properly seek to keep their agreements from public scrutiny, but it certainly seems unlikely that Mr. Della Femina, a gifted publicist and public figure where village affairs are concerned, would have wanted to keep the lid on. The village, however, is a public entity, and its Trustees ought to feel obligated to let taxpayers know just how much this little fiasco cost them.

In a similar vein, we recently learned that the East Hampton Town Board has been advised against setting up a committee to seek a consensus on where large new stores might properly be situated because of the litigation by the A&P over its use of the former Stern's department store property. The town can't do so, its lawyer said, because it could be seen as helping the A&P find a better site.

How can a town be enjoined from planning for future needs, especially when its failure to designate appropriate areas for new retail development can be said to have led to the A&P choice in the first place?

Something is woefully wrong when a court settlement and corporate litigation stymie the public's best interest.