AMENIA — Amenia residents and a Wassaic business have filed suit against the Town Board and Kent Hollow Inc., alleging a settlement between the town and the mine amounts to illegal contract zoning that allows the circumvention of environmental review.
Petitioners Laurence Levin, Theodore Schiffman and Clark Hill LLC filed the suit on Aug. 22. Town officials were served with documents for the case last week and took first steps in organizing a response to the suit at the Town Board meeting on Thursday, Sept. 4.
The lawsuit is the latest in a multi-year long legal battle surrounding the mine on South Amenia Road. After Kent Hollow Inc. — a subsidiary of Bethel, Connecticut, based homebuilder Steiner Inc. — applied for a state mining permit in 2017, the Amenia code enforcement officer issued the business a notice of violation.
At the time, Kent Hollow Inc. did not possess a special permit to conduct mining operations as required by Amenia zoning code, and the property did not reside in the Special Mining Overlay district established as part of rezoning efforts coinciding with the 2007 adoption of the town’s comprehensive plan.
Kent Hollow Inc. appealed the violation, claiming the use of the property as a mine predates amendments to town and state regulations. The Zoning Board of Appeals denied the appeal citing insufficient evidence in 2019. That spurred Kent Hollow to file two lawsuits — one in the New York State Supreme Court and a federal civil rights lawsuit — challenging the town’s order.
In July 2025, those lawsuits were brought to a close when the Town Board voted at a special meeting to accept a settlement agreement allowing Kent Hollow to continue mining operations under limited hours and quantities.
The most recent suit alleges the 2025 settlement amounts to contract zoning that allows Kent Hollow Inc. to skirt environmental review and the scrutiny of the permitting and rezoning process. Court documents allege Kent Hollow did not adequately prove a continuous, legal nonconforming use.
Supporting the argument, petitioners have submitted the court documents and decision from the 2019 New York Supreme Court case against the town Zoning Board of Appeals, and the documents from the preceding ZBA appeals process including receipts and tax returns from Kent Hollow Inc. purporting to establish the nonconforming use.
Kent Hollow Inc. formed as a subsidiary of housing developer Steiner Inc. and purchased the property in 1971, according to state and county real estate records.
Millerton News reporting from 1971 Amenia planning board meetings detail Kent Hollow’s pursuit of a four-section, 40-unit apartment complex on the property.
The News reported Kent Hollow was granted tentative approval on July 6, 1971, to build eight units on the site with the expectation that more would be built later.
The additional units never came to fruition and Kent Hollow apparently abandoned the housing project, opting to use the property as a gravel mine.
Attorneys for the Town of Amenia or Kent Hollow Inc. have not filed responses to the lawsuit as of press time.
Firefighters and other uniformed first responders stand alongside flag bearers during Stanford’s ceremony marking the 25th anniversary of the Sept. 11 terrorist attacks. Nearly 3,000 American flags covered the hillside at Stanford Recreation Park.Photo by Graham Corrigan
