To our Friends and Supporters, First, thank you so very much for sticking with us to save Historic Hughsonville during this lengthy process. Please note that while we have done our very best to meet all process and court deadlines, there have been numerous requests for delays from the opposition and of course the courts are still working through their backlog of cases. Last week the court, with a newly assigned judge, requested that the lawyers brief the court on the case status. Very late in the day on Friday the 10th, the opposition’s lawyer submitted a request for a hearing to impose a discretionary bond, because the temporary restraining order placed on the project last fall was supposedly having an economic impact on them. As you can imagine, the number was large - with the risk that if we lose the case, a large amount of money would have to be paid to the property owners to compensate them for their losses, potentially reaching back to the date the court entered the restraining order (October 17, 2022). We countered with a proposal that would allow them to remove the derelict buildings and begin cleaning up the property while we wait for the court to decide the two Article 78 lawsuits challenging the project land use approvals on the merits. A new opposition lawyer from Connecticut was introduced into the mix and our proposal was rejected summarily, and the opposition requested that the court proceed with scheduling an immediate hearing on the bond.
Our counsel feels that the court is nearing the time that they will make a decision on the article 78 lawsuits, and to reduce the risk to us, recommended that the temporary restraining order (TRO) be dropped at this time.
What does that mean? It means that the property owner can begin demolition of the buildings on the property, remove trees etc AND begin building the project… at their own risk. This means that if the court finds in our favor, the property owner will have to remove any new buildings or infrastructure that the court deems not allowed and restore the property to its prior condition at their sole expense.
This was a very difficult decision to make, but since the property owner does have the right to remove buildings and trees on their property no matter what future use of the property, arguing that they shouldn’t is a weak position. We know that as activity begins on the property, it will make us all very sad to see large trees that have watched over the Hughsonville Hamlet for so many years be reduced to wood chips and a Victorian house that has proudly stood on the corner in Hughsonville for over 150 years be removed, reducing the very needed housing. Please remember the town officials who enabled this to happen and continue to remind them of who they should be representing and whose interests need to be protected. Please continue to support us as we and the legal team continue to push forward on ensuring that our hamlet is not further violated.
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