RESOLUTION/DARYL’S HOUSE
Supervisor Kelly introduced the following resolution, seconded by Councilman DeRosa and passed unanimously:
Whereas, 13th Step, LLC (d/b/a Daryl’s House), have commenced a proceeding against the Town of Pawling (the Town), David Kelly, and Maxwell Real Estate Holding LLC by way of an Order to Show Cause and Summons and Complaint/ Petition, and
Whereas, the complaint alleges that the Town has reduced the allowed occupancy of Daryl’s House from what was set forth in the Certificate of Occupancy dated October 27, 2014, and
Whereas, the complaint further alleges that the Town is refusing to allow Daryl’s House to pursue its plan to have “outdoor backyard concerts” on the site, and
Whereas the Town Attorney for the Town has requested and suggested that the law firm of Stenger, Roberts, Davis, and Diamond be retained to assist him with this matter as they are very experienced with this type of litigation. They would represent the Town at the hourly rate of $250.00 per hour, now, therefore, be it
Resolved, that the Town Board of the Town of Pawling hereby agrees to retain the law firm of Stenger, Roberts, Davis, and Diamond at the hourly rate of $250.00 per hour to assist the Town Attorney with regards to the above matter, and, be it, further
Resolved, should the recommendation by joint council be made to file suit against any and all entities related to this matter, then it is hereby approved.
