DURHAM — A state Supreme Court judge has ruled that the Durham Town Board and Blackthorne Resort acted improperly when the board allowed the resort to build two bathhouses and a garbage dump on the site of a recreational vehicle park.
In a decision issued Tuesday, Acting Judge Adam W. Silverman found that segmentation, that is, separating different phases or activities of a project as if they were separate and independent, was inappropriate in state environmental assessment procedures and is not permitted in this case could become .
Silverman decided that building the RV park represented the complete project, while the bathhouses and garbage station were separate and distinct parts of the overall project, and the city’s site plan was cleared.
Although Silverman, a New York State Court of Claims judge, dismissed the city and resort’s lawsuits, the bathhouses and garbage station were built, and Silverman did not order them to be dismantled and removed. The next step is up to the local council.
“The city needs to look at this again,” said Albany’s attorney, Conor Brownell, representing the plaintiffs. “Since the court did not compel them to demolish the buildings, the city must decide what to do. At a bare minimum, the city should have to prevent the Blackthorne from using them.”
A lawsuit filed Oct. 14 in New York State Supreme Court for Greene County alleged that the city of Durham allowed Blackthorne to illegally expand its RV park. The bathhouses and disposal station had not yet been built at that time. After four months of filing briefs and a further 11 months waiting for the court’s decision, the structures were completed.
During this time, clear-cutting began at the site and the plaintiffs’ attorney sought an injunction to stop it, but the judge in this case saw no irreparable harm to the environment and denied the injunction.
The papers were filed by Albany Attorney Conor Brownell of Lippes Mathias on behalf of plaintiffs Michal M. Peczek, Anais Merle, Kevin Lillis, Patricia Schiller, Michael Lillis and Thomas Lillis. The site of one of the bathhouses is located next to the Peczek property
The city of Durham, Blackthorne Corporation, Dale Handel, Roy Handel and the New York State Department of Health were named as defendants.
The lawsuit sought to reverse city government decisions in August and September 2021 that approved Blackthorne’s application to build the bathhouses and landfill site that would serve the proposed and existing RV sites at the park.
The city claimed in its argument that Blackthorne was required to build the bathhouses and garbage station under a 2018 regulation and order agreed to settle an enforcement case from the Department of Health. Under the Consent Order, Blackthorne was required to correct a violation. This is a discretionary act of the public prosecutor’s office and as such is exempt from the environmental assessment process.
Dale and Roy Handel and Greene County Legislator Patricia Handel are co-owners of Blackthorne. Messages left for them to receive a comment were not returned immediately.
Silverman granted the State Department of Health’s motion to dismiss the allegations in the lawsuit. Blackthorne sent plans for the bathhouses to the Department of Health, but as his decision was technical and did not affect the environmental assessment, the judge issued a dismissal.
The plaintiffs have not appealed the case, Brownell said, adding that as far as he is aware, the defendants have not appealed.
Blackthorne Corporation proposed in spring 2021 to add 30 new campgrounds to its property. Three public hearings were held where residents expressed concern that existing RV sites were not approved. Michael Lillis told city officials at one of the hearings that he was concerned that RV park guests could drive their SUVs on his property.
In May 2021, the Durham Town Board signed an agreement allowing Blackthorne to temporarily use the campsites that were not approved by the city.
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