In a Decision and Order issued January 4, 2021, the Dutchess County Supreme Court dismissed the complaint of a developer that sought over 1.2 million dollars in damages against the Town of Fishkill. A prior Town Board had entered into a memorandum of understanding that required the Town to review a proposed zoning amendment for the benefit of the developer. The new Town Board in 2020 exercised its legislative discretion to discontinue review of the proposed zoning amendment. The developer sued for breach of contract asserting over 1.2 million dollars in damages against the Town. The Dutchess County Supreme Court agreed with the Town’s position that the Town Board could not be bound by an agreement signed by a prior Town Board which would have infringed on the Board’s legislative discretion. The Court declared the agreement void and dismissed the developer’s lawsuit resulting in a complete victory for the Town of Fishkill.
Last month, Feerick Nugent MacCartney succeeded in a similar case in Orange County, overturning a 3 million dollar verdict and judgment against the Village of Chester.