STATEMENT FROM PAWLING SUPERVISOR DAVID KELLY RE: DARYL’S HOUSE LAWSUIT DISMISSAL
The lawsuit filed by Daryl’s House against the Town of Pawling and Supervisor David Kelly was dismissed by Dutchess County Supreme Court Judge Victor Grossman on Tuesday, June 27, 2017.
In the 10 page ruling, Judge Grossman stated that Daryl’s House “…failed to provide this Court with competent evidence to support its position” that it was being “stonewalled in the approval process for the outdoor concert permit. In fact, [Daryl’s House] has failed to provide any proof…that it has even begun the permit process.”
As for the allegations that the Town of Pawling arbitrarily reduced the occupancy numbers of Daryl’s House, the Court has found that claim “devoid of support”, and further, that “there’s nothing in this record to support the findings that [Daryl’s House] contacted the Town to appeal or dispute this violation” before filing their now dismissed lawsuit.
Town Supervisor David Kelly commented on the dismissal by Supreme Court Judge Grossman, stating that “this is wonderful news for the residents of the Town of Pawling as well as Town officials, as our concerns have been vindicated by the Court today. Public safety, health, and welfare takes precedence over all matters.” Supervisor Kelly continued, “In today’s society it is a shame that social media takes precedence over the fact of the case. When able to, I discussed the factual substance of the case with members of the community, but many people continued to believe was what was being posted on social media. Today, the court of public opinion was majorly overruled by the Dutchess County Supreme Court.”
The Supervisor further stated that “since 2014, the Town has been willing to work with Daryl’s House, and have welcomed them and continue to welcome them to file an application to conduct the business that they see fit for their location. Like any other resident or business in the Town of Pawling, they must work through the process of the Planning Board to achieve their plans. As stated multiple times, Town Hall is open and welcomes them to file their applications and site plans whenever they are ready. We will continue to wait for them to do so.”