Town of Kent facing multi-million dollar damages claim.

Dear Fellow Kent residents and taxpayers,
 
I have become increasingly alarmed about the possible financial costs to taxpayers of the Kent Manor litigation.
 
As you know, the Town and its Planning Board are defendants in litigation brought by the owners and prospective developers of the Kent Acres (or Kent Manor) property on Nichols Street.
 
Since 2001, the plaintiffs have filed with the NYS Supreme Court (Justice Andrew P. O'Rourke) claims of damages and losses caused by our Town's refusal to issue all necessary approvals for their proposed development of 303 residential units.  These damages include fees already paid (and accepted!) by the Town for permits, planning approvals, etc. and over $250,000 to the Parks and Rec. funds.
 
"The Journal News" wrote an article on August 21, 2008 and an editorial on August 22, 2008 about this litigation and the potential costs facing the Town and other defendants and urged the Town to bring the matter to a close. 
 
Since then, strictly on my own volition and with nobody else's input, I have been trying to obtain information from our elected representatives and certain municipal employees about this situation.  From my experience, the Town Board has dropped an "iron curtain" on this subject and will supply zero information to myself (and to some other constituents whom I have encountered along the way).
 
I am very, very concerned about the possible costs to taxpayers, if this litigation (still in progress, scandalously - my opinion - not resolved since 1996!!!).  Not insignificant must be the high cost of legal services already paid to date by our Town for defense against this action.
 
I am also very concerned about the caliber of professional legal services being supplied to the Town in this matter, to date.
 
This litigation is ongoing, with appeals already filed or possible.  However, the "worst case scenario" could be a multi-million dollar damages award to the plaintiffs, which would significantly impact your property taxes.  I cannot obtain information about whether the Town's insurances would cover such an award of damages!
 
I have written a letter to the editor of "The Journal News", which is attached. 
 
If you are interested, please read the letter.  If you become concerned about this matter, please tell all of your friends and neighbors in Kent about it.  Maybe an outcry from a number of taxpayers might get the Town to give us at least some reassurance about the insurance coverage that may ameliorate the damages award (but jack up our subsequent premiums?).  I will start a "string" on the LoHud blogs for Kent, if you'd like to say anything at all about this matter. 
 
I hope that I'm just being a "doddery senior" about this - but my fixed income won't take any shocks!
 
Below is the letter Cliff sent to the Journal News:
 
January 27, 2009
 
To the Editor of the Journal News,

 
 
Dear Sir or Madam,
 
Re.: Town of Kent - $16 million damages claim
 
Last August, your newspaper reported, then editorialized, on the financial situation facing the Town of Kent from damages claimed by the developers of the Kent Manor property.
 
I attended a Town Board meeting in September 2008 and asked questions about this matter and about insurance against such claims. The Town Board would not answer, as the matter was in litigation, but the Town Attorney attempted to answer some of my questions. Certain of his statements at that meeting did not appear to be logical, so I attempted to ask questions at the next meeting. The Supervisor brusquely refused me and adjourned the meeting.
 
My concern aroused, I telephoned Justice O’Rourke’s chambers (you reported his July 5, 2008 orders in your article). I was told that all court documents were on file at the Putnam County Clerk’s office. I requested these records and pored through all of them (5 boxes), making copies of relevant items.
 
I requested access to town records under the Freedom of Information Law. My requests were denied and my appeals of those denials have been ignored. I have been completely stonewalled by the Kent Town Board and its municipal employees.
 
The Town’s appeal of Justice O’Rourke’s July 5 orders has not yet been heard. Meanwhile, in his December 22, 2008 Orders, the Judge has set a trial date of July 20, 2009 with respect to the issue of damages recoverable by the plaintiffs. The judge also ordered the Town to provide the court with specific insurance information (that the Town has, to date, withheld).
 
This litigation is far from complete and the amount of damages (if any) set. I believe that all Kent taxpayers should be alarmed by the worst case scenario of a significant damage award (your article mentioned the almost $16 million claimed since 2001 by the plaintiffs). The plaintiffs appear to be relentless in their pursuit of damages, yet our elected representatives are not prepared to even reassure taxpayers that there is no need for concern. I am also concerned about the caliber of the professional legal services that the Town is receiving in this matter.
 
Yours sincerely,
 
 
 
Clifford G. Narbey
Kent Cliffs