CHAPPAQUA, N.Y. – A federal court judge has dismissed claims against individual members of the New Castle Town Board in a suit from Chappaqua Crossing’s owners, Summit Development and Greenfield Partners.
Former Town Supervisor Barbara Gerrard, Council Member Robin Stout and former Council Member Michael Wolfensohn were individually named as defendants in the suit against the Town Board. The claims, however, were deemed to be redundant by U.S. District Judge Kenneth Karas.
Karas cited numerous cases about government entities being the party of interest, rather than the individuals that serve. He said Summit/Greenfield’s attorneys did not present a persuasive argument “to deviate from this well-established practice.”
Summit/Greenfield brought the suit against the board in April 2011, accusing it of preventing development on its 114-acre property. The owners had plans to build 199 condos and townhouses, but the town approved 111 units.