Red Wing Sues Rhinebeck again

On July 8 Red Wing filed a case against the Town, the Zoning Enforcement Officer (ZEO), and the Zoning Board of Appeals (ZBA) based on the Notice of Violation (NOV) for building the internal road without permits and the ZBA ruling that Red Wing needs to obtain Town permits.  The case was filed in Dutchess County Supreme Court (index #2026-53613).

Red Wing maintains the Appellate Court ruling of June 2020 means they do not need ANY permits from the Town.

They are asking the court to order:

• A declaration that no local permits or approvals, including special use permits, site plan approvals, and driveway permits, are required to build a mine access road or to mine;

• A declaration that the NOV issued by the ZEO is null and void;

• A declaration that the 2021 decision of the ZBA against Red Wing is null and void;

• A declaration that the evidence shows Red Wing committed no violations of the Town Zoning Law with respect to the allegations in the NOV;

• A declaration that the Town’s actions resulted in a Taking of the Parcel under the Takings Clause;

• A grant of preliminary and permanent injunctions restraining the Town from blocking Red Wing’s ability to conduct mining activities on the Parcel and build the mine access road in compliance with the 2025 Modification Permit.