ARMONK, N.Y. - Veneziano & Associates, the law firm representing the developers of Armonk Sqaure, filed a motion to dismiss the Article 78 petition that was brought by local developer Michael Fareri against Armonk Square and the Town of North Castle that seeks to stop the construction of a DeCicco Marketplace on the site.
The motion was filed last week by Mark Miller, a Veneziano & Associate attorney, who said Fareri was involved in prior litigation about a similar site in 2007 that waives his right to file a petition against the Town Square project.
"We didn't answer the petition, we moved to dismiss it," he said.
Kristen Wilson, an attorney at Harris Beach LLC, the firm representing Fareri, said, "We don't believe the motion has any merits because the proposal has changed over time. The property is larger than it was previously, so it's not only a different plan, but it's different in scope and magnitude. So it doesn't provide a shield against any additional litigation." Wilson said her firm will oppose the motion and file a memo of law.
There is a December 9 return date for all materials to be served to the Westchester Supreme Court. Wilson said her firm will file its opposition to the motion on or before that date.
Refering to the initial litigation, Wilson said, "It was clear from the minutes of the Town Board that the town wanted a supermarket there but fast tracked it without doing due diligence."
Many Armonk residents support the project, including shoppers at A&P, which is scheduled to close before the DeCicco store opens. "It's nice they'll have some sort of grocery store here," said Tiffany Bown, an Armonk resident who lives on Annandale St.
Linda Keller, a Greenwich resident, said, "I wish they wouldn't close the A&P, but I hope they build a new one sooner rather than later."
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