Kent Manor chronology

KENT FISCAL WATCH

CHRONOLOGY OF KENT MANOR DEVELOPMENT & LITIGATION

(prepared from documents in possession of Kent Fiscal Watch; copies available upon request)   

1986  Kent Acres Development, Ltd. (KAD) purchases land (113 acres).

June, 1986  KAD begins application for necessary Town, County, NYC, NYS approvals to develop the property.

1986  NYS DEC issues Sanitary State Pollutant Discharge Elements System (SPDES) Permit for the development.

July, 1988  Town, County, NYS DEC, NYS DOH, NYS DOT issue approvals for subdivision and 318 townhouse units and a waste water treatment plant (WWTP).

1988  SEQRA process challenged under Article 78 CPLR.

Dec. 20, 1988  Justice F. A. Dickinson dismisses the SEQRA petition.

1989  A Stipulation Of Settlement entered into. Parties (Town of Kent, County of Putnam, NYCDEP and KAD) agree to a development of 303 townhouse units and a redesigned WWTP.  This Stipulation is "so ordered" by NYS Supreme Court, Putnam County and by Federal District Court for the Southern District of NY.

November 1989  Town Planning Board approves revised plan for 303 townhouse units.

January, 1990  Town issues building permits for 54 buildings.

July, 1990  Construction commences.

1993  Construction halted. Mortgage lender is taken over by Resolution Trust Co.

August 1994  KAD files for protection under Ch. 11 of bankruptcy law.

Mar. 14, 1996  Bankruptcy court approves contract for sale of property to a 3^rd party, Lexington Realty Development Corp. (Lexington). KAD emerges from bankruptcy protection.  Applications to Town of Kent for renewals of building permits are denied.

Jul. 12,1996  KAD and Lexington commence litigation against NYC & NYCDEP.

Aug. 21, 1996  Justice J. Barrett Hickman denies NYC motion for an injunction to halt construction.

1997  Lexington applies for participation of Kent Manor in the Phosphorous Offset Pilot Program (P.O.P.P.).

May 1998  NYCDEP grants conceptual approval of the project’s participation in the P.O.P.P.  Town of Kent refuses to consent to the project’s participation in the P.O.P.P.

Dec. 17, 1999  KAD & Lexington add Town of Kent and Town Planning Board as defendants in 1996 litigation. Claim damages of $9,659,550.45 from NYC & NYCDEP, $1,302,200 from Town of Kent.

Mar. 10, 2000  Plaintiffs file Amended Supplemental Verified Complaint, adding $10 million and $100 million to claims against NYC, $10 million against Town.

Sept.12, 2000  KAD files Third Party Petition in Supreme Court of the State of New York, Putnam County, in rems foreclosure, demanding judgement against the Town of Kent for "all sums of monies that may be adjudged.".

Dec. 28, 2001  Plaintiffs file Second Amended Supplemental Verified Complaint, claiming $10,498,316.70, $10 million and $100 million from NYC, no change in damages claimed from Town. Plaintiffs add County of Putnam to the litigation.

Mar. 31, 2004  All parties move for Summary Judgement.

Spring 2005  RFB LLC becomes a new investor, joins 1996 litigation as plaintiff. Offers to secure municipal consent to P.O.P.P., upgrade the WWTP beyond the P.O.P.P. requirements, pay a significant host fee to the Town of Kent, pay $300,000 to Hill & Dale Property Owners Assoc. All offers refused.  RFB petitions Supreme Court, Putnam County for relief.

Oct. 14, 2005  Justice Andrew P. O’Rourke renders Decision and Order. Finds 1989 Stipulation binding on Town of Kent, Putnam County and NYCDEP. Mandates Town of Kent to consent to of the project’s participation in the P.O.P.P. Rules that defendants entitled to vested rights, thus are entitled to benefit of the laws in effect in 1990 (when building permits were issued by the Town).

Nov. 5, 2005  Town Supervisor (Tulipane) issues letter to KAD et al consenting to the project’s participation in the P.O.P.P.  KAD et al work with NYSDEC to develop a revised site plan for amended P.O.P.P. application, reducing townhouse unit count to 273.

Apr. 20, 2007  NYCDEP approves Final Supplemental Environmental Impact Study (FSEIS) and approves project’s participation in the P.O.P.P. (this is the final date under the program!).

Jun. 12, 2007  Supreme Court of State of New York, Appellate Division for Second Judicial Department confirms J. O’Rourke Oct. 14, 2005 Decision and Order. The Appellate Court finds that the Town of Kent breached its obligations under the 1989 Stipulation. Also confirms that the Town must issue all necessary approvals for 303 townhouse units.

Jan. 18, 2008  Justice O’Rourke rules against The Article 78 CPLR petition brought by The Croton Clean Water Coalition.

Mar. 6, 2008  Justice O’Rourke renders Decision and Order, dismissing The Article 78 CPLR petition brought by Hill & Dale Property Owners Inc. and Riverkeeper, Inc.

May 6, 2008  Plaintiffs file letter with Supreme Court of the State of New York, Putnam County, setting out details of their claims for damages from the Town of Kent , in aggregate $15,899,130.22.

Jul. 16, 2008  Justice O’Rourke renders Decision and Order, ruling that plaintiffs are entitled to damages from the Town of Kent because of their breach of contractual obligations under the 1989 Stipulation.

Jul. 28, 2008  Town of Kent files appeal of J. O’Rourke’s Jul. 16 Decision and Order.

Sept. 11, 2008  Justice O’Rourke rules that real property tax certiorari hearings and foreclosure litigation may not be combined with the 1996 litigation.

Oct. 2, 2008  Justice O’Rourke orders Town of Kent to consent to Kent Manor Sewer Corporation.

Oct. 23, 2008  Lawyer Daniel Seymour submits affirmation for Town of Kent, in opposition to County motion. His submission includes affirmation of the plaintiffs’ damages claim.

Dec. 22, 2008  Justice O’Rourke orders trial date of July 9, 2009 re. damages claims.

Feb. 10, 2009  Justice O’Rourke denies motion brought by County of Putnam for summary judgement dismissing the plaintiffs complaint as to it.