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Mount Kisco ZBA authorizes village to settle Marsh Sanctuary litigation
Summary
The Zoning Board of Appeals voted 5–0 to authorize the Village to settle Marsh Sanctuary, Inc. v. Town of Mount Kisco (Index No. 60669/2020) and to allow the Village Manager to sign settlement documents on the board’s behalf, with confirmation there is no admission of fault noted in discussion.
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The Zoning Board of Appeals on April 21 authorized the Village to settle pending litigation captioned Marsh Sanctuary, Inc., et al. v. The Town of Mount Kisco, et al., Index No. 60669/2020, and empowered the Village Manager to sign settlement documents on the board’s behalf.
Board member Wayne Spector asked for confirmation that the proposed settlement contains no acknowledgment of fault on the part of any board. Chairman George Hoyt then introduced a motion stating, in part, “I move that the ZBA authorize the Village to settle the named litigation, and authorize the Village Manager to sign the settlement documents on the Board’s behalf.” The motion was seconded by Mr. Spector and carried by a vote of 5–0.
The transcript records the board’s authorization but does not include the settlement’s monetary terms or other operative provisions; the Village Board of Trustees had indicated a desire to settle the litigation and required the ZBA’s consent to proceed. The ZBA’s vote grants the Village the authority it sought from this board; specific settlement terms and any required public disclosures were not read into the minutes during this session.
