FORESTBURGH — The Town of Forestburgh recently released a summation of results from their ongoing litigation between themselves Lost Lakes Holdings LLC and resident Jack Gold. Below are compiled results submitted by the town:

LLH v. Town of Forestburgh, E2022-321 (Supreme Court, Sullivan County, February 2022)

Lost Lake Holdings, LLC’s (LLH) commenced this litigation alleging six separate claims related to escrow funds, the Town Code regarding escrow funds, and a 3-month moratorium the Town had adopted in February 2022.  In three separate decisions, the Sullivan County Supreme Court addressed each of LLH’s claims, dismissed the case and denied LLH any relief.  LLH appealed the decision to the Appellate Division.  In a recently issued decision in the Town’s favor, the Appellate Division considered LLH’s arguments finding them to be unpersuasive and has denied the developer’s appeal.

LLH v. Town of Forestburgh, E2022-556 (Supreme Court, Sullivan County, April 2022)

This case related to 15 FOIL requests submitted by LLH in October 2021. The Town largely granted the request but denied certain parts that were exempt from disclosure. LLH commenced an Article 78 / FOIL proceeding challenging the Town’s partial denial.  The Sullivan County Supreme Court issued a decision and order in April 2023 finding in the Town’s favor and dismissing the case.  LLH has appealed the decision, which is currently pending before the Appellate Division.

LLH v. Town of Forestburgh, E2022-1815 (Supreme Court, Sullivan County, September 2022)

This case related to 23 FOIL requests submitted by LLH in March and April 2022.  The Town found many of the requests to be the same as LLH’s October 2021 FOIL requests.  The Town sought an advisory opinion from the NYS Committee on Open Government. The Committee issued a written advisory opinion agreeing with the Town.  The Town largely denied the March and April FOIL request except those portions that were not duplicative of prior request and not otherwise exempt from disclosure.  LLH again commenced an Article 78 / FOIL proceeding challenging the Town’s determination. The Sullivan County Supreme Court dismissed the case in April 2023.  LLH has also appealed this decision and is currently pending before the Appellate Division.

Gold v. Town of Forestburgh, E2023-298 (Supreme Court, Sullivan County February 2023)

This is LLH’s third FOIL litigation related to FOIL requests that the Town largely denied on the basis that the records sought were duplicative of prior request or exempt from FOIL.  A decision on the Town’s motion to dismiss is currently pending before the Sullivan County Supreme Court.

Town of Forestburgh v. LLH, E2023-186 (Supreme Court, Sullivan County February 2023)

The Town commenced this suit against LLH to enjoin the developer from continuing with construction due to material changes with the project.  LLH made a motion to dismiss the case.  A decision on LLH’s motion to dismiss is currently pending before the Sullivan County Supreme Court.

LLH v. Town of Forestburgh (S.D.N.Y. December 2022)

LLH commenced federal litigation in the Southern District of NY alleging claims of housing and religious discrimination.  After commencing the case, the developer made a motion for a preliminary injunction against the Town in December 2023.  The Federal court issued a December 2023 decision in the Town’s favor and denying the motion. This case remains pending before the court.