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Questioning The Judge's Decision
Kiryas Joel Annexation Remains A Hot Topic Throughout The Area

REGIONAL – Last week's decision by Supreme Court Justice Gretchen Walsh of New York's 9th Judicial District to allow the annexation of 164 acres of property into the Village of Kiryas Joel despite Orange County opposition to such a move, sent new shock waves through the wider region. In her 97 page decision, Justice Walsh found that there were no grounds to invalidate Kiryas Joel's annexation of 164 acres from the town of Monroe, or the environmental review done by the village on its action.

The two cases had been brought by Orange County, nine municipalities in the county and other interested parties. Defending were the Village of Kiryas Joel and the Town of Monroe. An appeal of the decision is being considered.

"It's a shockingly irresponsible decision," said Emily Convers of the group Preserve Hudson Valley, voicing a common opinion among those who had brought the action "Over twenty-seven independent agencies had weighed in on the environmental review process that was conducted by Kiryas Joel's engineering firm, and all of them found the process inadequate at best and a sham at worst."

State assemblyman James Skoufis, whose district includes most of the municipalities involved in the lawsuit, backed Convers' call this week for an appeal of Walsh's decision.

"I have encouraged the groups involved here to appeal," he said. "We've seen in the past, for example most recently with Woodbury's comprehensive plan, the Court of Appeals had been a far more objective onlooker and judge when it comes to issues involving the Village of Kiryas Joel. In that case, they overturned a state Supreme Court decision and upheld Woodbury's comprehensive plan that KJ was suing. So I'm hopeful that something similar will happen in this case where the Court of Appeals will look at this more objectively."

Convers invoked another legal entity while questioning this decision.

"I think that the pattern of injustice when it comes to Kiryas Joel litigation matters is troubling for the state of New York, and I really hope that justice fighters like Preet Bharara are watching," she added, echoing similar calls that have arisen in the Sullivan County village of Bloomingburg, as well as in the Pine Bush school district in recent years.

Lined up behind the current 164 acre annexation — which consists of properties already purchased by people either in Kiryas Joel or close to the Satmar Hasidic group that runs Kiryas Joel — lie further annexations. A 507 acre area, to the north of the present village, is the subject of another move to annexation into the village, of which the 164 acres is but a part; Preserve Hudson Valley says this land is mostly "wilderness" and undeveloped. Kiryas Joel's leadership have explained that as many as 8,500 housing units could be built on this property.

Orange County officials, along with those in neighboring municipalities, are grappling with the potential consequences of such large increases in housing and population. Areas ranging from transportation needs to the Monroe Woodbury School District's board of ed elections would be affected. Plus, many are worrying that what's happening will only grow.

In their publication "Hakiryah," some we've spoken to are pointing out, the leadership of Kiryas Joel has intimated that they were also seeking 300 more acres from the Town of Woodbury... and thinking long term. Their concerns are for expansion of their sect outside of Brooklyn.

Local reactions to the decision were mostly non-committed, or off the record, this past week. Business people declined to be quoted while others expressed opinions that can't be quoted for other reasons.

John Bath, of Pine Bush, simply stated, "I don't see why this group is allowed to have their own towns and villages and break all the rules that everyone else has to go by. They use their voting power, and our politicians are so gutless they just give them whatever they want. Now, like most people, I'm aware of the other, historical issues; we're all sensitive to the past and we're not anti-Semites. But this is just not fair, and it seems they get away with it all the time."

Also on the stove is the push to create the new town of North Monroe, which would incorporate the village of Kiryas Joel and the annexed lands, if and when they are all placed within the rule of Kiryas Joel. The Orange County legislature was considering the proposal for the new town this week in closed session.

Looking at this from Ulster County, former county planning director Herbert Heckler said, "Decisions of this importance, involving annexations, should involve both county planning and the neighboring municipalities for the best outcomes."

Heckler added that he hoped that a higher court would review the case, and that environmental review would be strengthened.



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