Red Wing’s contempt charges against Rhinebeck
RRN Logo by Ted Braggins
In a continuation of Red Wing’s 2017 lawsuit against Rhinebeck, Red Wing is asking the Court to hold Rhinebeck in contempt of the earlier Appeals Court ruling and is asking the Court to rule that Red Wing is not subject to the Town’s zoning regulations, and therefore does not require any permits from the Town to conduct their mining activities.
The Honorable Judge Maria Rosa of the Dutchess County Supreme Court specified that both sides in the matter file papers by July 31, 2022. The papers have been filed and the matter will be resolved entirely based on these papers, with no appearances by any of the parties before the court. Now we all wait for the court’s decision.
Summary of Red Wing’s complaint
Red Wing made a motion that the Court find the town in contempt of the Appeals Court ruling and issue an injunction restraining the Town from requiring any permits or approvals for Red Wing’s mining activities. They also ask the Court to declare null and void the Notice of Violation (NOV) for the building of the access road and the December 2021 ZBA decision upholding that NOV. All this is based on Red Wing’s interpretation of the Appeals Court ruling that when the Appeals Court recognized Red Wing’s vested right to mine, that right also made Red Wing exempt from any permits required by the Town.
Summary of Rhinebeck’s response
The response for Rhinebeck was provided by ZBA Chair Scott Bergin, ZBA and Planning Board Attorney John Lyons, and Town Attorney Warren Replansky. They all recognized and considered in their response the decision of the Appeals Court. However, while they recognize that the Court’s ruling allows Red Wing to mine 94 acres, that ruling contains no language or provision stating that the Rhinebeck Zoning law does not apply otherwise to Red Wing and its mining activities or that Red Wing is exempt from permits and approvals required for both conforming and nonconforming uses.
Thanks to Ted Braggins for the Rural Rhinebeck Neighbors Logo.