April 1, 2011

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Appeals court dismisses Woodbury's attempt to appeal KJ waterline agreement

KIRYAS JOEL – The latest effort to kill an aqueduct tap and construction of a water line to the Village of Kiryas Joel has been rejected by the Appellate Division of State Supreme Court.

Orange County and the village had been in a protracted battle over construction of the pipeline. That was resolved with a March 2010 “global settlement stipulation” that dismissed the proceedings and challenges, accepted the village’s amended findings environmental impact statement and dismissed a related Article 78 proceeding between the parties concerning the county’s sale of sewage treatment capacity to non-sewage district municipalities.

With the litigation concluded, the Kiryas Joel Village Board last June authorized construction of the pipeline and approved $30 million in bonding to finance it.

Last year, the village of Harriman and Town of Woodbury went back to court seeking a temporary restraining order enjoining the Kiryas Joel from taking any further action to progress the project. That motion was denied by the court.

The Town of Woodbury and Village of Harriman then filed a motion to re-open the case and nullify the settlement, but the Supreme Court denied it and now the Appellate Division denied the appeal.

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