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Appellate court rules in favor of Swiss Hutte owners

Apr 05, 2016 7:15 am

John Mason is reporting in the Register-Star the Appellate Division of the Supreme Court ruled last week in favor of the owners of the Swiss Hutte in Copake in their dispute with the Catamount Development Corp. Gert and Cynthia Alper allege that agreements they entered into with the corporation have not been honored. The ruling handed down Thu., Mar. 31, reverses Judge Richard Mott’s decision dismissing the complaint filed by the Alpers against Catamount and developer Rock Solid Development. Catamount planned to build a 153-unit hotel at a cost of more than $30 million on its own property, but the plan stalled when a developer refused to comply with the terms of an existing agreement. Ten years ago, the Alpers entered into agreements with Catamount, Neopolis Consulting Company and the town of Copake. The Alpers agreed to convey some land to the town to allow an access road to be turned into a town road. In exchange, the developers agreed to build a secondary access road that would be used for construction vehicles during the construction period. Neopolis eventually withdrew from the project, and now Rock Solid has also pulled out. The Alpers' attorney, Daniel Tuczinski [Tah-ZIN-ski] said his clients have been falsely maligned and that they do not oppose development at Catamount. He said, “The Alpers have not been opposed to a resort hotel at Catamount. Their opposition has been to the out-of-state developer’s refusal to honor a prior agreement.... This decision vindicates the Alpers' fight to enforce their rights.” Read the full story in the Register-Star.

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