Thank you!
Your support is sustaining the future of local news in our communities.

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.

Latest News

Car displaying anti-Trump messages vandalized in Millerton driveway

Anti-Trump signs are visible through the smashed rear window of a Millerton couple's Subaru hatchback after an unknown vandal walked down their driveway and damaged the glass.

Photo provided

MILLERTON — A car displaying anti-Trump political messages was vandalized while parked in a Millerton couple’s driveway late Friday, Aug. 14.

The vehicle’s rear window featured a “No Kings” sign and an image of President Donald Trump referencing Iran and Jeffrey Epstein. The owners believe those displays may have prompted someone to smash the Subaru hatchback's rear window, although investigators have found no evidence confirming a political motive.

Keep ReadingShow less
Benjamin Franklin’s glass armonica comes to the Berkshire Opera Festival

Dennis James plays the glass armonica in Colonial costume.

Dennis James

In the early 1760s, Benjamin Franklin was one of the most popular people in the world. The writer, printer, inventor and electricity pioneer was known throughout the British Colonies in America, as well as in Europe, as a respected intellectual and diplomat. While we know him as one of the Founding Fathers of the United States, he spent almost a third of his life in Europe. Eight of those years were spent in France, working to secure support from the French military during the Revolutionary War. But before that, he spent 18 years in England as a diplomatic representative from the colonies.

It was during that time when Franklin first witnessed a musician play a series of glass bowls by wetting his fingers and drawing them across the bowls’ rims. The sound was haunting and otherworldly — like nothing he, nor anyone else, had ever heard before. But as Franklin was transfixed by the sound, he saw what many great innovators see when witnessing something new: inefficiencies. The musician was moving all over the place, working far too hard to make these angelic sounds. So Franklin went about fixing the problem.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

More than movies: Jeremy Boviard found his calling at The Moviehouse

Jeremy Boviard, General Manager at the Moviehouse in Millerton.

Annette Stover
There’s something special about sharing a story in a room full of other people.
— Jeremy Boviard

Spend a few minutes talking with Jeremy Boviard about movies and you’re likely to forget what time it is.

Ask about a favorite film and he’ll happily explain the first time he saw it, how it was made and why it matters. One story leads to another. His enthusiasm is infectious. For Boviard, movies are far more than entertainment – they’re one of the best ways people connect.

Keep ReadingShow less
The mycelial web of nature, creativity, science and magic at Berkshire Mushroom Festival

Presenters at the 2025 Berkshire Mushroom Festival.

Daniel Shankin

“Mycelium is Earth’s natural Internet,” says mycologist Paul Stamets. He also calls fungi “the grand recyclers of the planet” and says, “Fungi are the interface organisms between life and death.”

If that sounds like a pretty good argument for paying more attention to what’s happening under your feet, the Berkshire Mushroom Festival is hosting a weekend made for you.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.