Navigating road construction around malls can be tricky, but that process has been further complicated in Ulster County by a lawsuit filed by Hudson Valley Mall concerning the creation of a new highway that would link Frank Sottile Boulevard with Route 199.
The lawsuit, filed in state Supreme Court in Kingston on April 15 by mall owner PCK Development Co., contends the town of Ulster violated state law and failed to properly address environmental impacts in approving the new highway tax district known as Development Facilitation Improvement District No. 2.?The lawsuit argues the Town Board “acted in an illegal, arbitrary and capricious manner and that its determinations were not supported by substantial evidence.”?Town Supervisor Nick Woerner says he”™s optimistic the town will prevail in the lawsuit, saying the town followed proper procedure in creating the improvement district. And he said in filing their suit, the plaintiffs are bound to raise their own costs.
“The ironic thing is that when the town does prevail in the lawsuit it will be the expense of the district to pay those legal costs associated with it,” he said. “So, in fact, PCK will end up paying the legal bill at the end of the day.”?At a meeting on Jan. 15, the Town Board approved the formation of the district to finance bonds for the project, which involves the construction of ramps connecting Route 199 and Frank Sottile Boulevard between the current exits for Route 9W and Route 32.
Ten property owners in the district, including PCK Development, will be taxed for $2.6 million of the $7 million project. The remainder is expected to come from the state Department of Transportation.?The connection would be the first phase of an ambitious $25 million plan to ultimately extend Frank Sottile Boulevard across Route 199, eventually connecting it to Route 9W at Grant Avenue.?PCK Development contends town officials used the wrong section of state law to approve the tax district. The lawsuit further contends town officials did not comply with notification requirements, and that because the town failed to follow notification procedures, the state will not honor promises to pay its share of the project.?“The Frank Sottile Boulevard extension plan, if implemented, will impose the entire funding obligation for a $7 million improvement project upon (district property owners) without due and proper notice being provided to the petitioners who are most and directly affected,” the lawsuit states.
