Latest appeal to stop government center demolition rebuffed

By Nathan Mayberg
GOSHEN — Attorney Michael Sussman is nearing two of his final attempts to block the demolition of the Government Center, after a judge in Brooklyn rejected his latest appeal on the case.

This week, Second Appellate Division Judge Joseph Maltese ruled against an appeal of Ulster County State Supreme Court Judge Christopher Cahill's latest decision to reject the temporary restraining order request by Sussman. Sussman sought the restraining order on environmental grounds. Maltese previously rejected Sussman's request for a temporary restraining order when he appealed Cahill's original decision in June against his suit seeking to stop the demolition.

Last week, Sussman lost a bid for a temporary restraining order to stop the demolition on environmental grounds after Cahill issued an order rejecting the request. Cahill had previously ruled against another lawsuit by Sussman on behalf of local residents to stop the demolition on the issues of waste, conflicts of interest and that the plan had changed from what the county legislature had originally approved.

Cahill's latest order did not have an explanation.

Sussman met with Maltese’s law secretary this week before the latest decision but didn't actually get to speak in front of Maltese, just like in June.

Sussman said Maltese and Cahill will now review written papers due Aug. 6 on a preliminary injunction request to stop the estimated $77 million demolition and renovation of the government center, on environmental grounds.

His final appeal is based on the allegations that the county has purposely attempted to avoid state environmental review of its demolition plans by under-estimating the amount of land that will be disturbed by the project and by not putting in retention basins to handle drainage and and address past flooding issues at the site.

Sussman said the county's original plans included retention basins to deal with drainage plans but they were removed as the county and its project designers Clark, Patterson and Lee aimed to avoid deeper state environmental review. Sussman has cited a 2014 letter from designLabs to Clark, Patterson and Lee after the firm pulled out of the government center renovation project over a dispute about the way the project was handled.

Orange County Assistant Attorney Hyun Chin Kim said in court that the letter was a dispute between a contractor and subcontractor.

She said retention basins were taken out of the plans because the project became smaller, less parking spaces were determined to be needed and less acreage would be disturbed.

Sussman challenged that notion, saying the size of the renovation project actually grew by 25,000 square feet and will be taller.

Sussman said that more than two acres that will be disturbed by demolition and renovation project, which would trigger a State Pollutant Discharge Elimination Permit requirement from the state Department of Environmental Conservation.

The county has steadfastly said in court that less than one acre will be disturbed, thus not requiring such a permit. Sussman said the county's estimates don't take into account greenery, trees and other land that would be impacted by the expansion of the parking lot.

Sussman said no site plan has been made available to him by the county.

Justin Rodriguez, a spokesman to Orange County Executive Steve Neuhaus, issued a statement this week following the decision by the courts, in which he said "We are pleased that the Appellate Division has again denied the efforts by the leadership of the Democratic Alliance to stop this project. An unfortunate byproduct of this litigation is that we fear costs could rise because bidders on the main construction project see the repeated frivolous litigation that slows it down. This directly drives costs up. The County Legislature has repeatedly voted for this project to advance and it is time to stop the politics and continue on the path chosen by the Legislature for the Government Center.”

Sussman, who is representing Goshen resident Eugene Degan and Paul Rudolph Heritage Foundation president and founder Ernst Wagner, said "this huge investment by the county is a very vulnerable investment."

Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-900 ext. 359