SUMMARY:  New York Supreme Court Justice Onofry has issued a decision in the Cindy Booth v. Village of Tuxedo Park litigation.  As you know, this litigation concerns various issues surrounding the Causeway Wall, including the determination that the wall needs to be repaired, and the responsibility for such maintenance and repair.  This is the matter that previously resulted in an order granting Ms. Booth’s request for a temporary restraining order preventing the Village from performing any remedial work on the wall or from entering on her adjacent property.

In summary, the Court granted the Village’s motion to dismiss Ms. Booth’s lawsuit in many respects, upholding the Board of Trustees’ prior determinations as to the safety issues presented by the wall, the proposed dismantling and rebuilding remedy to address the safety issues and the appropriateness of its actions under SEQRA and the Village Code.  However, the Court found that there are issues of fact regarding the ownership of the wall that must be resolved in further proceedings. Pending such resolution, the Court granted Ms. Booth her request for a preliminary injunction for no further work to proceed on repairing the wall.  The preliminary injunction is subject to the posting of a bond by Ms. Booth in an amount to be determined by the Court.

The decision is lengthy and the Village is reviewing it with its counsel with a view to how this matter can best be resolved. Click to view the decision: Booth v VTP Decision-Order-Judgment 11-17-14

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