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From: Rich Schaedle, Chairman Catskill Heritage Alliance
"The article 78 ruling is out. It went against us. The basic premise for dismissal was that it was not ripe for filing (no permits issued--no harm done). Of course this is not good news, but the decision does indicate that the Agreement In Principle is not a contract that is binding on its signers. When the judge determined that the issue is not ripe, he is interpreting all the documents to say that the AIP is only the applicant's "preferred option," with the DEC, DEP, and others therefore obligated to conduct a full review under SEQRA. That in itself is probably worth the price of the ticket. Not to mention the potential to file an appeal. If we had not filed, we would have been prevented from filing because of the statute of limitations. We have 30 days to decide about the appeal." 9.5.08
