Binghamton University officials plan to thin the herd of their grazing deer, but neighbors balk at the proposed shooting. On Thursday, they took the issue to court. Tamara Lindstrom was there.

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BROOME COUNTY, N.Y. -- A plan to cull deer in the Binghamton University nature preserve has come under fire from neighbors.

"For 37 years I've been living there and of course, I have a whole lot of neighbors. About 40 houses on my side and across the street. And for 37 years I've been enjoying the deer," said Vestal resident Charles Carpenter.

"He lives in a house which butts onto the nature preserve. Why should he be at risk of having a bullet come flying through his window?" said David Bernheim, Carpenter's attorney.

University officials say the deer are overpopulated, destroying plants and wildlife and plan to have contractors bait and shoot 90 percent of the deer during the winter break. A temporary restraining order has put the plan on hold and neighbors are seeking an injunction to stop the culling.

Attorneys argued the case in court Thursday. Judge Holly Fitzgerald said her main concern is whether or not BU is required to do an environmental impact study, known as a SEQR, a step the university hasn't taken.

"It requires that a lead agency take a hard look at the environmental effects of whatever it is they plan to do," Bernheim said.

Though their comments won't affect the judge's decision, community members spoke out as well.

"I'm concerned with the fact that White Buffalo and Binghamton University are exempt from current game hunting laws," said Ron Potter, a Port Crane resident.

Some suggested non-lethal methods such as fences, sterilization or ending use of organic fertilizer that attracts deer. All steps they say the University hasn't considered.

"They did not have what I would call a hearing. It was extremely undemocratic," Carpenter said.

The temporary restraining order preventing the shooting is in effect until the judge issues her decision.

Bernheim says he's waiting on documents from the university before he can determine whether there's a legal basis to challenge the plan.

The attorney for the university declined to discuss the case.