“The most sacred of the duties of a government is to do equal and impartial justice to all its citizens” — Thomas Jefferson

December 28, 2021

Kingston, NY — The situation is fluid and this page will update as developments unfold.

2021drew to a close with a flurry of legal action about a key feature the Kingstonian luxury housing developers unsuccessfully sought to finalize before year’s end. As expected, Kingston’s Common Council passed a resolution on Dec. 7 by a vote of 6-3 authorizing the shutdown of a street the developers want to replace with a plaza. But Brad Jordan, the developer, found an early lump of coal in his Christmas stocking when on Dec. 13 a judge insisted on a stipulation that a new vote be held, most likely in February.

With public sentiment growing against a $28 million tax break for the high end developer and with four aldermen retiring, including three who were staunchly pro-Kingstonian, Common Council acquiescence is not guaranteed once the new alderpersons are sworn in.

The resolution called for closing Fair Street Extension so the developers could build a plaza joining both sides of the complex. It also allowed Jordan to build a footbridge to the stores in the shopping mall he owns, a path that is provided today by the street he would like to close. A public hearing originally scheduled for Dec. 9 was moved up to Dec. 2 to fulfill legal requirements that public opinion be heard before the vote by the Common Council at its regularly scheduled meeting held the first Tuesday of the month, which this year fell on Dec. 7. The developers and their City government allies wanted the vote held in December, the last time the solidly pro-Kingstonian majority would be able to cast a vote in favor of the project before the new Council is sworn in.

The stipulation came in response to a lawsuit filed about the Dec. 2 public hearing, which was plagued by technical problems. Some residents spoke but could not be heard, or their statements sounded garbled and unintelligible because of echo, distortion and other sound artifacts blamed on City employee unfamiliarity with new audio equipment. By the time half the speakers had been heard — or not heard, as was often the case — online attendees were asking for a new hearing. Many logged off as the evening wore on, themselves worn out by the technical delays.

The next day, wealthy property owner Neil Bender’s attorney sent a letter complaining about the hearing. Then, on Dec. 6, Bender filed a lawsuit alleging the hearing was deficient, with Kingston School Board president and local resident James Shaughnessy filing an affidavit in support.

Despite the lawsuit, Kingston’s Corporation Counsel delivered an opinion at the Dec. 7 Common Council meeting that the hearing was adequate, and the vote took place.

State Supreme Court Justice Richard Mott apparently disagreed, and the stipulation was signed Dec. 13 rescinding the Dec. 7 vote and calling for a new hearing Jan. 12 and a new vote, likely in February.

Will the hearing be in-person only, or hybrid, with an online option?

With the new Omicron Covid variant about to explode over the next few weeks, an in-person-only hearing would benefit the developer, whose small band of investors, future apartment dwellers and nearby shopkeepers will show up in force. The population at large, who may not fully understand all that is at stake, are more likely to stay home in order to avoid being infected.

It was not clear whether the judge ordered that the meeting be in-person. In an email leaked to The Vindicator, City attorneys wrote that it was. But the stipulation itself lists no such condition. In any event, on Dec. 27, James Shaughnessy’s attorney sent this letter asking that the hearing be hybrid and noting that the City had failed to live up to the stipulation’s requirement that the location of the hearing be published by Christmas Eve.

Will conflict-of-interest prevent one alderman from voting?

Steve Schabot, D-Ward 8, and a part-time employee of the developer, recused himself from some Common Council votes, but not all. On Dec. 27, Bender’s attorney filed an ethics complaint.

Earlier lawsuit

No word was available on an earlier suit filed by Bender on Dec. 2 seeking to halt further action on the closure/abandonment of Fair Street Extension.

For an excellent summary of legal developments, please visit KingstonCitizens.org

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