(The following press release led to this Journal Article Article.)
Rockland County Supreme Court, Hon. Thomas E. Walsh II decides in favor of Petitioners/Plaintiffs
RAMAPO, NY, April 2, 2018: In another win for the rule of law and the environment, on March 30, 2018, Judge Thomas E. Walsh II, presiding in Rockland County Supreme Court, ruled in favor of ROSA4Rockland litigants (including the Hillcrest Fire Company) – represented by Dan Richmond of Zarin & Steinmetz, the Village of Pomona – represented by Doris Ulman, and Susan Shapiro for the estates of her parents Milton and Sonia Shapiro over the final 2015/2016 approvals sought by the developer of the Patrick Farm Property.
After a stunning victory in the Appellate Division last November, which pertained to 2010, 2011 and 2013 Town approvals, there were still several lawsuits pending against the Town of Ramapo and Scenic Development for additional project approvals granted in 2015 and 2016. In November, the NYS Appellate Division, Second Department reversed the Patrick Farm zone change and prior approvals, which if allowed to stand, would have resulted in a massive, unsustainable, multi-family development in this more rural part of Ramapo, sitting atop our sole source aquifer. Even with this higher court ruling, the developer and Town insisted on moving forward with lawsuits that should have been moot based on the appellate decisions, resulting in additional and unnecessary legal fees incurred by Petitioners and by the Town through taxpayer dollars.
Judge Walsh’s new decisions set aside the most recent Patrick Farm subdivision and site plan approvals, as well as additional improper environmental review by the Town Board related to the sensitive wetlands on the site. Moreover, Judge Walsh preserved the right to raise spot zoning claims against the Town and the developer in the future.
Suzanne Mitchell, Director of the grass roots citizens group ROSA 4 Rockland said, “the win today marks another milestone in our community’s persistence to hold the Town of Ramapo accountable to the valid concerns of its residents and not just the desires of developers.”
Brett Yagel, Mayor of Pomona said, “we are pleased that Judge Walsh’s decision came in time to save the Village of Pomona taxpayers the cost of an appeal that would have been necessary had this decision not been made.”
Deborah Munitz points out, “while this is another victory for ROSA, we must all continue to engage in citizen oversight – especially now as the Town of Ramapo is considering a new Master Plan for our entire Town, which includes the Patrick Farm and other large undeveloped properties.”
Susan Shapiro adds, “we are very happy that the Court made a final determination that all of the Town of Ramapo decisions regarding the Patrick Farm were improperly enacted and invalid. We appreciate the Court’s consistency in these matters. It’s time for the Town of Ramapo to abide by the rule of law and save its residents from excessive legal costs and prevent litigation for the Town’s illegal and detrimental land use approvals in those parts of our Town containing irreplaceable environmental resources.”
Walsh Decisions on Motions to Renew 2015 and 2016 Article 78’s:
2018-03-29 Walsh Decision on Motion to Renew 2016 Subdivision and Site Plan Approvals
2018-03-29 Walsh Decision on Motion to Renew 2015 Findings Addendum (1791-15)
2018-04-02 Pomona Decision on Motion to Renew 2016 Approval
Judge Walsh Approves Motion to Discontinue WITHOUT Prejudice
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Contact: Suzanne Mitchell
ROSA (Ramapo Organized for Sustainability & a Safe Aquifer)
Telephone: 845-304-3313
Email: Contact Us