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zoning

Amenia seeks dismissal of alleged contract zoning suit

Amenia seeks dismissal of alleged contract zoning suit
The main entrance to Kent Hollow Mine at 341 South Amenia Road in Amenia.
Photo by Nathan Miller

AMENIA — Attorneys for the Town of Amenia have moved to dismiss a lawsuit challenging a settlement agreement that allows Kent Hollow Inc., a local sand and gravel company, to resume limited mining operations once it obtains the required state mining permit.

The agreement, approved by the Town Board in April 2025, recognizes Kent Hollow’s nonconforming use rights on its South Amenia Road property — rights that have been the subject of years of litigation between the town and the mine’s owners.

The current lawsuit — filed by residents Laurence Levin and Theodore Schiffman, along with Wassaic-based construction company Clark Hill LLC — claims the agreement constitutes unlawful “contract zoning,” arguing that the town bargained away its zoning authority in exchange for ending years of litigation brought by Kent Hollow in both state and federal courts.

In the motion seeking dismissal, the town argues that a failure to name the Amenia Zoning Board of Appeals and other individuals involved in the case constituted a fatal error in the filing.

“If the relief sought by Petitioners is granted and the Settlement Agreement is annulled, all of those individuals would not only be forced to incur the cost of defending themselves in that litigation, but could be jointly and severally liable for any damages that result,” Attorney George Lithco wrote in a memorandum in support of the motion to dismiss.

The town’s memorandum further argues that the plaintiffs misunderstand the terms of the settlement, which underwent judicial review before adoption and, according to Lithco, affirms the mine’s nonconforming rights.

The petitioners, however, contend that a prior court ruling did not make such a determination, arguing that the judge declined to decide on the mine’s zoning status and instead focused on whether members of the Zoning Board of Appeals and the Town Board had an unethical conflict of interest.

Town attorneys counter that the judicially reviewed settlement itself reflects acknowledgment of those rights.

Nathan Miller
zoning

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