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Tarrytown's GM Plea Denied by Judge

The Village of Tarrytown had submitted a request to the county judge to reconsider his decision to drop their case against Sleepy Hollow and its proposed GM development; the court said no.

The Village of Tarrytown has not yet appealed the county court’s decision to dismiss their case against Sleepy Hollow’s GM development, but they did submit a request to the judge in the interim to reconsider.

News came to both villages – by way of a three-page letter – on Feb. 15 that Acting Supreme Court Justice James Hubert stands by his decision.

“The court denies the Petitioner’s motion and adheres to its original decision in all respects,” the letter states.

Hubert explains in the document that a motion to renew or reargue the court’s decision would require:

  • that the court “overlooked or misapprehended relevant facts” or “misapplied” the law
  • or proof that “new facts” have come to light.

Tarrytown had presented as evidence of “new facts” an open letter Sleepy Hollow Trustee Bruce Campbell had posted both on Facebook and on Patch arguing, wrote the court, that the “court’s decision does not require Sleepy Hollow to use funds to mitigate traffic impacts in Tarrytown.”

The court found this open letter not to qualify as new fact, and said the court did not overlook or misapprehend facts, nor did it misapply the law.

An appeal could still come and take the matter to higher court than the county’s highest court, though Tarrytown has not decided, or at least disclosed, if this in the cards for them or not.

They have until April to appeal, said Mayor Drew Fixell, adding that the board “would love to” make a decision before that deadline.

“We’re not done yet,” said Sleepy Hollow Village Administrator Anthony Giaccio.

No word has come from GM on any prospective bidders for the proposed development, a delay which Sleepy Hollow officials have attributed to a lawsuit standing in the way.

"It is my hope that Tarrytown will choose not to appeal," Sleepy Hollow Mayor Ken Wray said. "I believe that GM is waiting for the legal matters to be settled before it moves forward with naming a developer."

Fixell talked at length with Patch recently on the lawsuit and other matters – coinciding with his announcement to rerun for his seat. He expressed hope that the villages could work this out, trumped only by his concern over the ignored issue of traffic mitigation.

“Our primary goal is to have the impact reduced,” he said, noting that at first he argued for a less dense and impactful project. Having been denied that, he demands more details about the mitigation measures as promised in the approvals – what would they be exactly and who would pay?

“What would [mitigation] look like?” Fixell asked. “How would it be paid for? We think it won’t be adequate and we want to know what we have to consider. Our position is we need to know. We haven’t gotten that yet from either the Judge or Sleepy Hollow or GM… It’s still up in the air. We would like this to be resolved, that’s for sure.”

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Patricia February 26, 2013 at 06:37 PM
I actually do have a clue as to you not be self made. And as far as the employees kicking in for their benefits, they do. And the new increase in population is in "new construction" not people packing into a house on cortlandt st. Basically you sound like a racist who is jealous of people who have a decent job. That may not be a fact but with your angry statements against people who work and have decent jobs that is the way it sounds.
john slivin February 26, 2013 at 07:50 PM
Do we not have a over crowding issue in SH inner streets? Is this not fact? take a stroll down cortlandt and side streets there....to a gander at how many TV dishes are on most houses...this is again a know problem and indeed FACT...Town trying to combat as much as possible but kind of like swimming against the tide...why is this racist? as far as jealous of people with a decent job...not at all I am all about the free market and people should be paid what they are worth...but you see that is not how it works with public sector is it? they get paid increases regardless is they are if they are any good or not and they are also impossible to fire...even document horrible ones...couple this with completely unjustified and unsustainable pension bene's and you can see why some who actual pay these people would take issue as far as me being self made I am 100% never got a hand out from anyone worked my way through college and other degree's, paid for my wedding, paid for my house, funding retirement, kids education, never received assistance of any kind from govt' or anyone else and thats the way I like it....wish the rest of the country would do the same we would be in a much better place
OverTaxed - Fed up with spending March 02, 2013 at 05:31 PM
John, dont feed the troll. ;-) You are 100% correct that this lawsuit was a waste of not just Tarrytown taxpayers $'s, but also SH's. As my 'handle' suggests, I have paid a LOT of taxes, mostly for decent schools, but also for a lovely town, great snow removal, and some very lovely parks. I just feel that so much of our Tax $'s seems to buy so little. It is easy to think that others are not paying for the services and that landlords who have 3 or more units, that may have 12-16 people in a small house, actually pay at a lower rate than a single family home owner. Someone in the Manors with 1/4 acre and 2 kids pays $30K or more now. Someone in the village with 1/8 acre, and 4 units, pays $12K and has 8 cars on the street and an ambulance outside the house every two weeks. What the government spends, gets LEVIED against the property owners (and the few business left in town) regardless of the amount of trash that needs picking up or the police presence required.
Sleepy Hollow Resident April 27, 2013 at 05:19 AM
Spot on OverTaxed. The property taxes for the handful of homes in our villages are rediculous by any measure. When I tell friends and family in other parts of the country what I pay for what I have they are SHOCKED. Why are our villages suing each other, why don't they merge and cut all the staff in half, why do I see a police officer sleeping with the car running on Sunday morning, why do we need 100 fire trucks in a 10 mile radious, why should we be forced to pay for pensions that we will never get, why does everyone get sweetheart PILOT deals except homeowners, why should a townhouse pay a nickel less, why isn't everyone outraged! I love it here - please don't make me move because I can't afford it anymore.
Ed April 29, 2013 at 07:21 PM
Sorry I missed this post initially - I agree - why aren't more people outraged THEY ARE - they elected all of our polititians (from the top down) to represent US THE TAXPAYERS - the rank and file of us cannot spent time going to every meeting to voice our opinion - we are out working to help pay taxes to fuel the entitelment programs - our 401k took a huge hit as did every private sector fund did - I see no one bolstering our retirement fund - I really think the people such as Patricia are either suffering post drug use effects or are just plain stupid - as Sleepy Resident mentioned friends in other areas of the country are SHOCKED at our taxes - WHEN DOES IT ALL STOP - Social programs are for those in need - New York State supports TOXIC CHARITIES - Lets stop this nonsense John is 100% correct in his statement - all he mentioned was overcrowding as he was attacked as a racist -

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