Town officials avoid extended and costly legal battle
BALLSTON – Town of Ballston officials have announced an agreement between the town and Dolomite Products Co., ending a lengthy legal dispute over a proposed asphalt plant at Curtis Industrial Park.
The Town Board approved the terms of the settlement, after an executive session, at its Tuesday meeting.
Under the agreement, Dolomite will drop its $4 million lawsuit against the town, including costs for defense and compensatory damages due to construction delays.
Dolomite also will:
- Leave 7.5 acres as green space on the 10-acre parcel;
- Install two portable (removable) hoppers;
- Construct a turning lane into the property by April 30, 2019;
- Limit operations from 6 a.m. to 4 p.m. Monday through Friday and produce no more than 200 tons of hot mix asphalt each hour during those times;
- Monitor noise levels and install a berm if necessary; and
- Shut down operations from November to April each year.
“This settlement is in the best interest of Town of Ballston taxpayers. A judge had already ruled in favor of Dolomite and the town was facing the very real possibility of being financially devastated by a prolonged legal battle and a judgement that could have been several millions of dollars,” said Supervisor Tim Szczepaniak. “Curtis Industrial Park was zoned to allow this type of business and it will bring important tax revenue and jobs to the town. We are confident Dolomite will be very good neighbors for years to come.”
“We are pleased to have been able to resolve this lawsuit and that it is now behind us. Dolomite looks forward to adding jobs and contributing to the local economy and the community, as well as fostering a positive and cooperative relationship with the town,” said Dolomite Attorney Adam Schultz.
The board voted unanimously to settle, Councilman Bill Goslin abstained from the vote. Request for updated information about a separate lawsuit filed against Goslin in the matter have not yet been responded to.
To comment on this news item, please login and post below.