Judge Halts Developer in Fishkill Flooding Lawsuit

The developers of a seven-home subdivision in the Town of Fishkill have been ordered to halt further work on drainage infrastructure that one of its neighbors says caused flooding on its property.

State Supreme Court Judge Christine Sproat on May 17 granted the East Hook Sportsmen Association’s request for a preliminary injunction against Mid-Hudson Development Corp., builders of the Washington View development on Cary Road.

The club is one of two neighbors who have complained that drainage infrastructure and site work have changed how water flows off of a steep hill behind the development.

East Hook has sued the developers, seeking damages for flooding that occurred earlier this year, some of which damaged Norm’s Pond, a state-licensed rainbow trout preserve.

Douglas Dwyer, who lives across the street from the development, said the work has dried up the shallow well at his home. Dwyer, 39, said he intends to take legal action against the developers and the town, which issued the permits.

The club said workers trespassed on its property when they removed trees along Cary Road, a contention the developers do not contest.

William Sayegh, the attorney representing East Hook, said Sproat’s decision bodes well for his client’s case since the burden of proof is higher when a preliminary injunction is sought.

“We are very happy the judge granted our request in its entirety,” Sayegh said.

As part of the agreement, the club must put up $100,000 to cover any potential damages the developers might incur because of the delay.

The bond, which Sayegh said would be covered under an insurance policy, would be due only if East Hook loses its case.

“It was a reasonable compromise,” said Kenneth Stenger, Mid-Hudson’s general counsel.

Source: www.poughkeepsiejournal.com www.poughkeepsiejournal.com

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