Town of Monroe Answer - Preserve Hudson Valley v. Kiryas Joel

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
NINTH JUDICIAL DISTRICT ENVIORONMENTAL CLAIMS PART
- - - - - - - - - - - - - - - - - - - -X
VILLAGE OF SOUTH BLOOMING GROVE, et
al. ,
Petitioners,
Index No. 7410/2015

Proceeding No. 1
For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules
Hon. Francesca E.
Connolly
- against
VILLAGE OF KIRYAS JOEL BOARD OF
TRUSTEES, et al.
Respondents,
EMANUEL LEONOROVITZ, et al.
Additional Respondents.
- - - - - - - - - - - - - - - - - - - -X
PRESERVE HUDSON VALLEY, et al.
Index No. 8118/2015
Proceeding No. 2
Petitioners,
- against
TOWN BOARD OF THE TOWN OF MONROE, et al.
Respondents/Defendants.
- - - - - - - - - - - - - - - - - - - -X
VERIFIED ANSWER TO AMENDED VERIFIED PETITION AND COMPLAINT OF
PETITIONERS/PLAINTIFFS IN PROCEEDING NO. 2
Respondents-Defendants, Town Board of the Town of Monroe and
Town of Monroe, by their attorneys, DICKOVER. DONNELLY &
DONOVAN, LLP, respectfully submit the foregoing Verified Answer
to the Amended Verified Petition and Complaint filed by

Petitioners-Plaintiffs Preserve Hudson Valley, et al. in
Proceeding No. 2 (the PHV Petitioner):
1. With respect to the allegations set forth in Paragraph 1 of
the PHV Petition, including subparagraphs (i) through (vii)
thereof, the Town admits that Petitioners seek the relief
specified therein, but denies that Petitioners are entitled
thereto.
the PHV Petition, the Town states that such allegations set
forth conclusions of law for which no responsive pleading is
required.
3. The Town admits the allegations set forth in Paragraph 3 of
the PHV Petition, except lacks knowledge or information
sufficient to form a belief as to the identity of the Town
Council and denies that the Village sought annexation of any
territory that is the subject of the 164-acre annexation
petition.
the PHV Petition, the Town states that such allegations set
required, but to the extent an answer is made, the Town denies
Petitioners characterization thereof and further states as
follows:
a. The allegations entitled Violation of the

Establishment Clause set forth conclusions of law for
which no responsive pleading is required, but to the
extent an answer is made, the Town refers the Court to
the statutes and/or regulations referenced therein for
determination of their content, meaning and effect, and
denies Petitioners characterizations thereof.
b. The allegations entitled Arbitrary Designation of
Village Board as Lead Agency set forth conclusions of
law for which no responsive pleading is required, but
to the extent an answer is made, the Town refers the
Court to the statutes and/or regulations referenced
therein for determination of their content, meaning and
effect, and denies Petitioners characterizations
thereof.
c. The allegations entitled Arbitrary and Capricious
SEQRA Determination By Village Board set forth
conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Town
refers the Court to the statutes and/or regulations
referenced therein for determination of their content,
meaning and effect, and denies Petitioners
characterizations thereof.
d. The allegations entitled Arbitrary and Capricious
Determination By Village Board set forth conclusions

of law for which no responsive pleading is required,
but to the extent an answer is made, the Town refers
the Court to the statutes and/or regulations referenced
therein for determination of their content, meaning and
effect, and denies Petitioners characterizations
thereof.
e. The allegations entitled Improper Use of Annexation to
Up-Zone set forth conclusions of law for which no
responsive pleading is required, but to the extent an
answer is made, the Town denies the allegations.
f. The allegations entitled Improper Creation of
Baroque Boundaries set forth conclusions of law for
extent an answer is made, the Town refers the Court to
g. The allegations entitled Violation of Town Ethics
Code set forth conclusions of law for which no
responsive pleading is required, but to the extent an
answer is made, the Town lacks knowledge or information
sufficient to form a belief as to the truth of the
allegations set forth.
h. The allegations entitled Insufficient Signatures and

Territorial Description set forth conclusions of law
for which no responsive pleading is required, but to
the extent an answer is made, the Town refers the Court
to the statutes and/or regulations referenced therein
for determination of their content, meaning and effect,
and denies Petitioners characterizations thereof.
i. The allegations entitled Violation of Prior
Jurisdiction Rule set forth conclusions of law for
extent any answer is made, the Town refers the Court to
5. The Town denies the allegations set forth in Paragraph 5 of
the PHV Petition.
6. With respect to the allegations in Paragraph 6 of the PHV
Petition, the Town lacks knowledge or information sufficient to
form a belief as to the truth of the allegations set forth.
7. The Town denies the allegations in Paragraph 7 of the PHV
Petition.
Petition.
Petition.
10. With respect to the allegations in Paragraph 10 of the
PHV Petition, the Town states that such allegations set forth
conclusions of law for which no responsive pleading is required,
but to the extent and answer is made, the Town refers the Court
to the statutes and/or regulations referenced therein for
determination of their content, meaning and effect, and denies
Petitioners characterizations thereof.
PHV Petition, the Town lacks knowledge or information sufficient
to form a belief as to the truth of the allegations set forth.
13. The Town denies the allegations in Paragraph 13 of the
PHV Petition.
PHV Petition.
to form a belief as to the truth of the allegations that
Petitioner Allegro has a daughter, and otherwise denies the
allegations in Paragraph 15.

Petitioner Convers is in Orange County Sewer District #1, and
otherwise denies the allegations set forth in Paragraph 17.
Petitioner Convers has two sons who attend MWCSD public schools,
and otherwise denies the allegations in Paragraph 18.
to form a belief as to the truth of the allegations.
PHV Petition.

25. The Town admits the allegations in Paragraph 25 of the
PHV Petition.
PHV Petition, the Town admits that the DEC Commissioner
designated the Village as lead agency for the 507-acre
annexation petition.
30. With respect to the allegations set forth in Paragraph 30
of the PHV Petition, the Town refers the Court to the documents
referenced therein for determination of their content, meaning
and effect, and otherwise lacks knowledge or information
sufficient to form a belief as to the truth of the allegations.












100. With respect to the allegations set forth in Paragraph
100 of the PHV Petition, the Town refers the Court to the
documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information







142. The allegations in Paragraph 142 of the PHV Petition set
required, but to the extent an answer is made, the Town refers
the Court to the statutes and/or regulations referenced therein
for determination of their content, meaning and effect, and
143. The allegations in Paragraph 143 of the PHV Petition set
required, but to the extent an answer is made, the Town refers
the Court to the statutes and/or regulations referenced therein
for determination of their content, meaning and effect, and
144. The Town denies the allegations set forth in Paragraph
144 of the PHV Petition.
145. The Towndenies the allegations set forth in Paragraph 145
of the PHV Petition.
PHV Petition, the Town acks knowledge or information sufficient

meaning and effect and denies Petitioners characterization
thereof.
thereof.
thereof.

thereof.
170 of the PHV Petition, the Town admits that the MonroeWoodbury Central School District submitted comments on the 507
Petition, but denies their validity and any allegations made
therein.

meaning and effect.
180. The Town admits the allegations set forth in Paragraph

thereof.
thereof.

thereof.
thereof.

202 of the PHV Petition, the Town admits that the 164 Petition
was filed, but lacks knowledge or information sufficient to form
a belief as to the truth of the allegations as to the intent of
the 164 Petition.
207 of the PHV Petition, the Town admits that the MWCSD
submitted comments on the 164 Petition, but denies their
validity.

thereof.
meaning and effect and otherwise lacks knowledge or information
sufficient to form a belief as to the truth of the allegations
related to the content of the 2014 Final Town Assessment Roll.
thereof.
217 of the PHV Petition, the Town admits that Bakertown Realty
Equities and the Jacob Bandua Trust do not appear to own SBL 1-
3-1.3, but denies that their names and signatures should be

stricken from the 164 Petition.
thereof.

thereof.
thereof.
thereof.
234 of the PHV Petition, the Town lacks knowledge or information

related to a letter from United Monroe, and denies that the
proposed annexation would violate the Establishment Clause.
but to the extent an answer is made, the Town refers the Court


247 of the PHV Petition, the Town admits that PHV has filed
pending litigation challenging DECs lead agency determination.

thereof.
thereof.
thereof.
thereof.

thereof.
thereof.
thereof.
thereof.
thereof.

thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.

thereof.
thereof.
thereof.
meaning and effect, denies Petitioners characterization
thereof, and admits that review was adequate for the 164
Petition.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF

ACTION
281. With respect to the allegations incorporated by reference
in Paragraph 281 of the PHV Petition, the Town refers to its
responses to those allegations set forth above.
thereof.

thereof.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF

ACTION
determination of their content, meaning and effect and denies
Petitioners characterization thereof.

AS AND FOR AN ANSWER TO THE THIRD CAUSE OF
ACTION
303 of the PHV Petition, the Town admits that the Petitioners
have alleged violations of the Establishment Clause but denies
the validity of these allegations.

311 of the PHV Petition, the Town admits Petitioners have made
this request, but denies their entitlement to it and denies
Petitioners characterization thereof
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF

ACTION
in the first sentence of Paragraph 313 of the PHV Petition, the
Town refers to its responses to those allegations set forth
above. With respect to the second sentence of allegations in
Paragraph 313 of the PHV Petition, the Town states that such
allegations set forth conclusions of law for which no responsive
pleading is required, but to the extent an answer is made, the
Town refers the Court to the statutes and/or regulations
and effect, and denies Petitioners characterizations thereof.
thereof.

AS AND FOR AN ANSWER TO THE FOURTH (FIFTH)1

CAUSE OF ACTION
Petitioners appear to have inadvertently mis-numbered their causes of action, setting forth two
Fourth causes of action.
1


thereof.

thereof.
thereof.
thereof.

thereof.
thereof.
thereof.
thereof.
With respect to the allegations in Footnote 4 to
Paragraph 349 of the PHV Petition, the Town states that such
allegations set forth conclusions of law for which no responsive
pleading is required, but to the extent an answer is made, the
Town refers the Court to the statutes and/or regulations

and effect, and denies Petitioners characterizations thereof.
thereof.

thereof.
thereof.

thereof.
thereof.


thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
The Town denies that it has an extremely faulty
history of environmental and land use compliance and

enforcement.
thereof.
thereof.


to form a belief as the truth of the allegations related to the
basis of the Town Boards decision.
The Town admits that SEQRA
review will be conducted as required for future projects

proposed in the annexation territory and denies that it has
relied on an illusory premise.
thereof.

Town Board and otherwise denies the allegations set forth.
Town Board and otherwise denies the allegations set forth.
thereof.
PHV Petition, the Town states that such allegations related to
the intended function of SEQRA set forth conclusions of law
for which no responsive pleading is required, but to the extent
an answer is made, the Town refers the Court to the statutes
and/or regulations referenced therein for determination of their
content, meaning and effect, and denies Petitioners
The Town denies that SEQRA review
was inadequate.
thereof.

thereof.
thereof.
thereof.
thereof.
thereof.

thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.

sufficient to form a belief as the truth of the allegations
concerning the Town Boards consideration and otherwise refers
the Court to the documents referenced therein for determination
of their content, meaning and effect and denies Petitioners
characterization thereof.
thereof.
thereof.
thereof.
thereof.
thereof.
thereof.

thereof.
448 of the PHV Petition, the Town denies that comments from the
MWCSD were ignored or dismissed and otherwise refers the Court
to the documents referenced therein for determination of their
content, meaning and effect and denies Petitioners
thereof.
The allegations concerning the dubious
constitutionality of certain State Education Law set forth

thereof.

thereof.
thereof.
thereof.
sufficient to form a belief as the truth of the allegations.
sufficient to form a belief as the truth of the allegations.
456 of the PHV Petition, the allegations set forth conclusions
of law for which no responsive pleading is required, but to the
extent an answer is made, the Town refers the Court to the

statutes and/or regulations referenced therein for determination
of their content, meaning and effect, and denies Petitioners
thereof.
thereof.

thereof.
meaning and effect and otherwise lacks sufficient knowledge or
information to form a belief as to the truth of the allegations
set forth and denies Petitioners characterization thereof.


meaning and effect and otherwise lacks sufficient knowledge or
meaning and effect, and otherwise lacks sufficient knowledge or

AS AND FOR AN ANSWER TO THE FIFTH (SIXTH)

CAUSE OF ACTION

meaning and effect and denies Petitioners characterizations
thereof.
thereof.
AS AND FOR AN ANSWER TO THE SIXTH (SEVENTH)

CAUSE OF ACTION

thereof.
488 of the PHV Petition, the Town lacks sufficient knowledge or
set forth.
thereof.
thereof.
thereof.
thereof.
With respect to the maxim that municipalities are not
permitted to use annexation to evade current zoning

constraints, the allegations set forth conclusions of law for
which no responsive pleading is required, but to the extent an
answer is made, the Town refers the Court to the statutes and/or
regulations referenced therein for determination of their
content, meaning and effect, and denies Petitioners
thereof.
thereof.
thereof.
set forth.
set forth.

AS AND FOR AN ANSWER TO THE SEVENTH (EIGHTH)

CAUSE OF ACTION

thereof.
AS AND FOR AN ANSWER TO THE EIGHTH (NINTH)

CAUSE OF ACTION

of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth and denies Petitioners

AS AND FOR AN ANSWER TO THE NINTH (TENTH)

CAUSE OF ACTION
AS AND FOR AN ANSWER TO THE TENTH (ELEVENTH)

CAUSE OF ACTION

AS AND FOR AN ANSWER TO THE ELEVENTH

(TWELFTH) CAUSE OF ACTION

542. The Town denies all other allegations of the PHV Petition
not specifically admitted herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE AND

OBJECTION IN POINT OF LAW
543. Petitioners lack standing to assert the claims set forth
in the Amended Verified Petition and Complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE AND

544. Petitioners claims are barred, in whole or in part, by
Petitioners failure to exhaust their administrative remedies.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE AND

another action pending between the same parties for the same
cause of action.
AS AND FOR A FOURTHAFFIRMATIVE DEFENSE AND

the doctrines of res judicata, collateral estoppel, and/or law
of the case.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE AND

mootness, laches, estoppel and/or waiver.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE AND

this Courts lack of subject matter jurisdiction.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AND

549. Petitioners claims fail to state a claim or cause of
action upon which relief can be granted.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE AND

documentary evidence.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE AND

551. Petitioners claims are barred, in whole or in part,
because they are not aggrieved by the disapproval of the 507acre annexation petition.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE AND

the doctrine of ripeness.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

AND OBJECTION IN POINT OF LAW
553. Petitioners claims are barred because they fail to state
a claim upon which relief can be granted under the Town of
Monroe Ethics Code, which only provides for sanctions against
Town Board members, not annulment of a Town Board action.
WHEREFORE, Respondent Town Board of the Town of Monroe
respectfully requests that this Court enter a judgment
dismissing the Amended Verified Petition and Complaint in its
entirety, awarding it the costs, disbursements and attorneys
fees incurred in this proceeding, and awarding it such other
relief as this Court shall deem just, proper, or equitable.
Dated:
January 22, 2016

Goshen, New York.
______________________
Michael H. Donnelly
DICKOVER. DONNELLY & DONOVAN, LLP

Attorneys for Town Board of the Town of
Monroe and Town of Monroe
28 Bruen Place PO Box 610
Goshen, New York 10924
(845) 294-9447
O:\MHD\Municipal\T-Monroe\KJ Annexation\164 Pleadings\Answer - Preserve Hudson Valley.docx
VERIFICATION
STATE OF NEW YORK
COUNTY OF ORANGE
:
:ss.:
:
HARLEY DOLES being duly sworn, deposes and says that:

I am one of the defendants in the within proceeding; I have
read the annexed Answer, know the contents thereof and the same
are true to my knowledge, except those matters therein which are
stated to be alleged upon information and belief, and as to
those matters, I believe them to be true.
____________________________
HARLEY DOLES
Sworn to before me this
______ day of January, 2016.
____________________________
MICHAEL H. DONNELLY
Notary Public, State of New York
Qualified in Orange County
Commission Expires on July 12, 2014

Town of Monroe Answer - Preserve Hudson Valley v. Kiryas Joel

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Town of Monroe Answer - Preserve Hudson Valley v. Kiryas Joel

Transféré par

Droits d'auteur :

Formats disponibles

SUPREME COURT OF THE STATE OF NEW YORK

Index No. 7410/2015

For a Judgment Pursuant to Article 78

to the Amended Verified Petition and Complaint filed by

a. The allegations entitled Violation of the

Determination By Village Board set forth conclusions

h. The allegations entitled Insufficient Signatures and

PHV Petition, the Town lacks knowledge or information sufficient

PHV Petition, the Town lacks knowledge or information sufficient

sufficient to form a belief as to the truth of the allegations.

and effect, and otherwise lacks knowledge or information

referenced therein for determination of their content, meaning

50. With respect to the allegations set forth in Paragraph 50

sufficient to form a belief as to the truth of the allegations.

and effect, and otherwise lacks knowledge or information

referenced therein for determination of their content, meaning

74. With respect to the allegations set forth in Paragraph 74

sufficient to form a belief as to the truth of the allegations.

and effect, and otherwise lacks knowledge or information

referenced therein for determination of their content, meaning

98. With respect to the allegations set forth in Paragraph 98

sufficient to form a belief as to the truth of the allegations.

meaning and effect, and otherwise lacks knowledge or information

documents referenced therein for determination of their content,

122. With respect to the allegations set forth in Paragraph

sufficient to form a belief as to the truth of the allegations.

meaning and effect, and otherwise lacks knowledge or information

documents referenced therein for determination of their content,

PHV Petition, the Town lacks knowledge or information sufficient

164. The Town denies the allegations set forth in Paragraph

173. With respect to the allegations set forth in Paragraph

184. The Town denies the allegations set forth in Paragraph

193. With respect to the allegations set forth in Paragraph

202. With respect to the allegations set forth in Paragraph

meaning and effect and denies Petitioners characterization

3-1.3, but denies that their names and signatures should be

meaning and effect and denies Petitioners characterization

sufficient to form a belief as to the truth of the allegations

238. With respect to the allegations in Paragraph 238 of the

247. With respect to the allegations set forth in Paragraph

meaning and effect and denies Petitioners characterization

meaning and effect and denies Petitioners characterization

documents referenced therein for determination of their content,

277. With respect to the allegations set forth in Paragraph

AS AND FOR AN ANSWER TO THE FIRST CAUSE OF

290. With respect to the allegations set forth in Paragraph

AS AND FOR AN ANSWER TO THE SECOND CAUSE OF

296. With respect to the allegations in Paragraph 296 of the

305. The Town denies the allegations set forth in Paragraph

AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF

316. The Town admits the allegations set forth in Paragraph

AS AND FOR AN ANSWER TO THE FOURTH (FIFTH)1

322. With respect to the allegations in Paragraph 322 of the

to the statutes and/or regulations referenced therein for

documents referenced therein for determination of their content,

documents referenced therein for determination of their content,

With respect to the allegations in Footnote 4 to

Town refers the Court to the statutes and/or regulations

meaning and effect and denies Petitioners characterization

to the statutes and/or regulations referenced therein for

Petitioners characterizations thereof.

documents referenced therein for determination of their content,

The Town denies that it has an extremely faulty

history of environmental and land use compliance and