The attorney representing more than a dozen residents who this week filed a lawsuit against an Orange County town over zoning for a proposed casino is speaking out about the case. Meanwhile, the developer of the proposed casino resort has come out with more details about what it is calling a “green” development.
The 18 Tuxedo residents filing suit live within a few miles of the proposed resort, in the northern section of Tuxedo. They allege the Tuxedo Town Board skipped an environmental review prior to a 4-1 vote in June adopting a gaming overlay zone. The zone’s approval is necessary for Genting Americas’ proposed Sterling Forest Resort to proceed if it were awarded a casino license. Goshen-based attorney Michael Sussman represents the residents.
“You can’t just obliterate state law because you want to or think you can. It’s not the way our legal system works,” Sussman says. “The law is still in effect. If other communities did the same thing, they were wrong, in my opinion.”
Sussman says there should have been a review under the State Environmental Quality Review Act, or SEQRA.
“The point is SEQRA review of the zoning change" says Sussman. "That’s what was required. That’s what didn’t happen.”
Calls to Town Supervisor Michael Rost were referred to an outside spokeswoman, who e-mailed a statement from Ross F. Moskowitz, Stroock & Stroock & Lavan, special counsel to the Town of Tuxedo. The statement reads, quote “We are reviewing the recently filed Article 78 papers. Tuxedo has met all applicable regulations as part of an open and transparent process. Continuing the public review, the town will complete an intensive and comprehensive environmental review as required by New York State law (SEQRA)--assessing impacts and outlining mitigation as may be needed--prior to a vote on the casino’s development.”
Mary Yrizarry is one of the plaintiffs and longtime environmental activist. She has had a home in Tuxedo since 1947.
“There’s been a lot of concern about town finances and so on and so forth and it looks like this is the savior, so that’s where it went,” Yrizarry says. “And a lot of people in the southern part of town, we’re in the northern part of town, people in the southern part of town really feel that they’re not going to be affected by this casino.”
The proposed resort would sit on land surrounded by Sterling Forest State Park. Again, Sussman.
“The court should annul the casino overlay district that was passed by the town board. It was improvidently passed,” says Sussman. “It does not have validity. It shouldn’t be relied on by anyone for any purpose.”
Sussman says the lawsuit also alleges the zone would allow for gambling within Sterling Forest State Park in direct violation of the New York State Office of Parks, Recreation and Historic Preservation and Palisades Interstate Park Commission regulations.
“The proposal is for an area of New York State which we believe is otherwise regulated and prohibited from the use,” says Sussman. “We don’t think that prohibition can be modified by the Town of Tuxedo. That’s also in this complaint.”
Meanwhile, company officials from Genting Americas Wednesday announced additional details of what they are calling an environmentally-friendly and sustainable design for the casino resort. They say the resort will retain most of the large trees surrounding the site and will plant additional native tree species. Genting officials also revealed more information about plans for lighting, renewable energy, water conservation, trail system improvements and other areas. There are six proposed casinos for Orange County; a second also comes from Genting – Resorts World Hudson Valley in the Town of Montgomery.
