N.Y. towns group examining Wappinger suit
Land-use dispute may affect others

By David Paulsen Poughkeepsie Journal February 13, 2006

WAPPINGERS FALLS — The state Association of Towns is reviewing the potential statewide effect of a lawsuit against the Town of Wappinger over a land dispute on Wildwood Drive.
If the association determines the outcome of Wappinger's appeal would affect other towns, it will file a "friend of the court" brief to outline its position, said Michael Kenneally, a staff attorney with the association.
The action would bolster Wappinger officials' arguments the federal judge's ruling against the town in the case could unduly restrict the ability of municipalities across the state to regulate land use.
The case stems from a restriction accepted decades ago by the developers of a subdivision on Wildwood Drive. The restriction barred development on five acres facing New Hackensack Road, but that provision had been nearly forgotten by fall 2000, when two brothers, Donald and Patrick O'Mara, bought the land.
When the old restrictions were discovered in 2003, a dispute between the town and the O'Maras resulted in the brothers' federal lawsuit against the town.
District Court Judge Colleen McMahon ruled in December the town must allow the O'Maras to develop the property and ordered the town to pay the O'Maras more than $400,000, most of it to cover their legal fees.

Preservation endangered

The town is appealing the ruling, which officials say could negate other attempts at land preservation. The Association of Towns likely will side with Wappinger.
Towns across the state review subdivision applications and approve open space restrictions, Kenneally said. McMahaon ruled the Wappinger restrictions were not filed properly with the county and therefore were not binding.
"That could lead to some problems with respect to these open space notations," Kenneally said.
The Wappinger lawsuit also will be a topic at the Association of Towns' four-day annual meeting, which starts Sunday.
One of the continuing education seminars for town attorneys is entitled "Donald J. O'Mara et al v. Town of Wappinger: A Comedy of Errors."
Kenneally was unable to provide information about the seminar.

David Paulsen can be reached at dpaulsen@poughkeepsiejournal.com

AREA NEWSPAPER
CONTACT INFORMATION

ULSTER/ DUTCHESS

Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
(845) 454-2000
For an on line letter to the editor. Fill out this form

ULSTER COUNTY

Saugerties Times
Monday deadline
P.O.Box
Phone:334- 8200
FAX your letter 334-8202
saugertiestimes@ulsterpublishing
(Attention Erica Freudenberger, editor)
P.O.Box 3329
Kingston, NY 12402

Albany Times Union
Times Union
90 State Street
Albany, NY 12207
(518) 454-5091
For an on line letter to the editor. Fill out this form

COLUMBIA COUNTY
The Independent
Indenews (online)

P.O. Box 360
Hillsdale, NY 12529
Phone (518) 325-4400
FAX (518) 325-4497
Parry Teasdale, editor

letters to editor require form through website

***NOTE: Our websites make an effort to glean info for our readers from local papers. This is no way a substitute for subscribing or picking up a local paper. We gratefully acknowledge the efforts local newspapers and publications make to our community.