A state Supreme Court justice on Thursday turned back the town’s request for an injunction to stop a business owner from operating the video feature on his electronic sign.

Two cases involving the sign are before the court: the town’s suit to stop David Mongielo from operating an LED sign in a manner the town says is illegal, and Mongielo’s countersuit seeking an order that the zoning board give him another variance hearing.

Justice Richard Kloch Sr. refused to decide either case, pending a finding by the

Lockport town court on whether Mongielo violated town law by using the sign to display moving images this past winter.

“If the town court says there’s no violation, there’s nothing for me to do,” Kloch told Town Attorney Daniel E. Seaman.

Seaman argued that Supreme Court has the power to step in ahead of the local court, and anything it determines would trump the town court’s findings.

“Local rule,” Kloch lectured. “I’m a judicial conservative.”

Kloch also postponed a decision on Mongielo’s request — for a judicial order directing the zoning board to give him an area variance hearing — until after the town prosecutes its zoning case against him.

Mongielo previously was denied a use variance, which would make his video sign exempt from display restrictions in the local zoning code. His attorney, Jeffery Palumbo, says the zoning board improperly treated the request as an application for a use variance, when it should have weighed the case for an area variance.

Mongielo is due in town court Tuesday to answer six charges that he violated the section of the zoning ordinance that says the message on an electronic sign may not change more than once every 10 minutes.

Building Inspector Brian Belson alleged Mongielo broke the law six times between Dec. 20, 2008, and April 1 by displaying streaming or rapidly changing messages on his business sign board.

None of the cited messages advertised Mongielo’s automotive services. A few advertised upcoming fundraisers for local charitable causes that Mongielo and his wife had embraced; one in December showed an image of Santa Claus wiggling his backside. On April 1, it was a repetitive, flashing birthday greeting for Mrs. Mongielo: “Honk Sue’s 40.”

Within days of that last instance, the town hit Mongielo with both the zoning citations and a notice to appear in Supreme Court for an injunction hearing. The original hearing date, April 9, was postponed to May. Palumbo filed suit seeking a new variance hearing for Mongielo and pushed to have both suits heard at the same time. The sides’ day in court was postponed again, several times, until this week.

Meanwhile, town court action on the zoning charges began in May, then was put off by the town, pending the outcome of Kloch’s response to the lawsuits.

Mongielo’s sign has displayed rapidly changing text/moving images since he was last cited, specifically during the two weekends preceding the Nov. 3 general election. Mongielo was a candidate for town supervisor. His sign displayed a series of phrases, and later photos of him and two non-incumbent candidates for town board, to promote their candidacies.

The town has not cited those displays as zoning violations, Belson said Thursday.