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Residents press board on legal-retention costs and potential conflicts in 'Someplace Upstate' litigation

Town Board, Town of Marlborough · October 14, 2025
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Summary

Several residents questioned the town's use of multiple law firms and potential conflicts in the Someplace Upstate litigation; the board said independent counsel was retained to avoid conflicts and that litigation expenses have already been substantial.

During public comment, resident Mici Simonofsky asked the board to explain continued reliance on Van DeWater & Van DeWater as lead counsel in the 'Someplace Upstate' litigation and whether that practice could create conflicts or 'triple billing' for taxpayers. She requested current and projected legal costs tied to the matter.

Supervisor Corcoran replied that separate attorneys were retained to avoid conflicts of interest so the case would not be thrown out, that costs are comparable to existing legal fees and that litigation has been and likely will continue to be costly. The board then adopted a series of resolutions authorizing retention of special and co‑counsel, including Rodenhausen Chale & Polidoro LLP (Resolution #86), Adams LeClair LLP as co‑counsel (Resolution #87), and authorizing 2026 engagement agreements with Van DeWater & Van DeWater (Resolution #88).