Town of Shandaken v. Hanover Farms, Inc. and Michael Higley

On Thursday, January 28, 2016 Honorable Supreme Court Justice Mary Work rendered a final decision regarding the long-standing litigation between Town of Shandaken v. Hanover Farms, Inc. and Michael Higley. In its decision (SEE HERE),  the Court finds in favor of the Town imposing the maximum fine under Section 74 of the Town Code of $200 per day for violations covering 631 days equating to judgement in fines of $126,200 to be paid to the Town. The Court makes this finding as stated in the decision due to “…the egregious and flagrant nature of their violations.”
    Supervisor Rob Stanley stated “The Town is pleased with the outcome of this case, due to the diligent work of our law firm Jacobowitz & Gubits, LLP, after many years of litigation. We would have liked to have resolved this civilly and without litigation but Hanover Farms, Inc chose a course of action to their own detriment. With a new Farm Stand due to open this spring, which meets all of the requirements of a law constructed in 2012 to help promote these types of businesses, the Town has well established its desire to bring these types of businesses into Town while still providing certain protections for their neighbors and visitors alike. We hope to have final resolve on this as quickly as possible. The saddest fact of this case, and as cited one of the final lines of the Court’s decision is the fact that the Town’s taxpayers had to incur the cost of this unnecessary action brought by Hanover Farms, Inc. We are grateful that the fines imposed cover these costs.”