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State Supreme Court Justice Joan B. Lefkowitz ruled against the dismissal, which was filed last August based on “a lack of standing.”
In her 10-page decision, the judge concluded that the Concerned Citizens, along with several residents, merchants and property owners were unsuccessful in explaining how CVS’s presence would be detrimental to any of their efforts.
“The ruling totally disqualified the petitioners,” said Alfred Delbello, the lawyer representing the property owners, Werber Management.
Delbello said he did not yet know the details of CVS’ plans going forward. While they have the option to begin working on the site right away, they could also wait to see if the Concerned Citizens file an appeal. The group has 30 days to appeal Leftkowitz’s decision.
North Castle Town Supervisor Howard Arden said he was pleased of the judge’s dismissal.
“This was a frivolous lawsuit that cost the town $25,000 through tax revenue,” he said.
Council member Diane DiDonato-Roth had a similar response to the news.
“The Concerned Citizens are not really concerned about the citizens of North Castle,” she said. “This Frivolous lawsuit cost the residents tens of thousands of dollars.”
Since the special permit was approved in July 2012 with a 3-2 Town Board Vote, with Councilmen Michael Schiliro and Stephen D’Angelo voting no, CVS’ arrival has been a polarizing topic among North Castle residents.
“I think it’s disgusting,” said Armonk resident and owner of Framings on Main Street Judy Willsey in July 2012. “Large corporations undercut everything we sell and lure people in to the store with huge discounts.”
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