12/18/2025
Feerick Nugent MacCartney successfully defended the Town of Fishkill against a 1.2 million dollar breach of contract claim brought by a developer against the Town.
Today, New York State's highest court (the Court of Appeals) issued a decision affirming the dismissal of the developer's Complaint and confirming that under New York State law, development agreements that bind successor municipal boards on matters of governance (zoning amendments in this case) are unenforceable.
Partner Brian D. Nugent argued the case before the Court of Appeals on November 20, 2025.
Today's decision from the Court of Appeals can be found at this link:
https://www.nycourts.gov/ctapps/Decisions/2025/Dec25/115opn25-Decision.pdf