A state Supreme Court justice this week recommended against the town in its battle with New York State over control of development at EPCAL -- former U.S. Navy property that is located within the state's limited development Central Pine Barrens area.

The recommendation, if upheld, could allow the state to appeal a January ruling that said the Pine Barrens Commission, a state agency, had no jurisdiction over development at EPCAL. Judge Paul Baisley's decision this week is technically a recommendation to the state appellate court, which makes the official ruling.

However, town officials say there are mistakes in the judge's argument that would affect the final verdict, and that they plan to ask that the issue be reargued.

The verdict could impact a number of large projects planned for EPCAL -- the site of a former weapons plant -- including Riverhead Resorts' proposed 755-acre recreation and resort complex, which proposes an indoor ski mountain and a man-made lake; and Rechler Equity Partners' proposed 300-acre light industrial park.

Both developers are in contract to buy land at EPCAL from the town.

At issue over the Pine Barrens Commission's too-late attempt at an appeal is whether or not the town sent the required legal paperwork to the state. The documents would have signaled to the commission that it had 30 days to appeal the judge's January ruling.

The state attorney general's office, which represented the commission, claimed the paperwork was never served. Town officials say they sent the documents on April 11, and that the state lost them.

Nevertheless, Judge Baisley, who also issued the January ruling in favor of the town, wrote this week after reviewing copies of the documents in question, that they were "defective" and contained an incorrectly stamped date. The town disagrees with both of his points and plans to challenge the judge's recommendation, officials said.

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