96 South Broadway
Feerick Nugent MacCartney (Partner Brian D. Nugent, Esq.) successfully defended the Town of Fishkill in a case recently decided by the Appellate Division, Second Department. The Appellate Division issued an Opinion and Order in favor of the Town of Fishkill in a long-standing dispute between the Town and Hudson View Park, a developer that was pursuing a project known as Rolling Hills in the Town of Fishkill. In 2020, after a new Town Board majority came into office, it terminated review of a zoning amendment sought by Hudson View Park. A prior 2017 Town Board had entered into a Memorandum of Understanding with Hudson View Park that prohibited the Town from halting review of the zoning amendment until a final determination was made on the merits.
After the 2020 Town Board terminated the review of the zoning amendment prior to a determination on the merits, the Developer sued the Town for 1.2 million dollars based on breach of contract claims. The Dutchess County Supreme Court granted the Town’s motion to dismiss the case, finding that the Agreement violated the term limits rule (prohibiting a Town Board from binding its successor) and constituted impermissible contract zoning. Hudson View Park appealed that decision. The Appellate Division, on October 30, 2024, upheld the lower court decision and rejected all arguments of Hudson View Park in the 16-page Opinion and Order.
The Appellate Division decision establishes precedent supporting the autonomy and legislative discretion of municipal boards and makes clear that developers cannot bind municipal governments when it comes to matters of governmental discretion in reviewing projects. Partner Brian D. Nugent represents numerous municipalities in the Hudson Valley region in matters of municipal guidance, litigation and public employment labor relations.
The Opinion and Order of the Appellate Division can be found here.
Read the full decision here: Hudson View Park Decision