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Opponents of mushroom plant denied stay
Mid-Hudson News
May 18, 2006

Yukiguni Maitake Manufacturing Corp. of America has received a confirmation from State Supreme Court that its Appellate Division, Third Judicial Department, had issued a denial of the motion requested by the Bashakill Area Association and Mr. and Mrs. Kevin Moore for stay pending appeals or, in the alternative, for preliminary injunction pending appeals to the decision of the Supreme Court Sullivan County entered on May 8, 2006.

The plaintiffs' motion submitted to the Appellate Division in 2006 had included all the future actions from the Planning Board of the Town of Mamakating including their voting action for YMMCA's Site Plan-Special Use Permit applications should be frozen, and the Planning Board of the Town of Mamakating should wait for the result of BKAA's possible future appealing against the dismissal by the Sullivan County Supreme Court concluded in Feb., 2006.

YMMCA submitted the counter-motion to the same court to dismiss it, including legal bond request in the probable case in which the court permits it. The amount was calculated through the combination of the price hikes of the building materials and the labor cost, plus the opportunity loss resulted from the delay of the construction and the operation of the growing plant.

Yukiguni believes that the decision to dismiss the BKAA/Moore motion requests is "a relatively minor but very steady and meaningful step-forward for Yukiguni's ultimate victory in the series of the opposition parties' court actions."

The matter on appeal from which the Stay was sought is related to the plaintiffs' complaint, which is so-called article 78 litigation, against the Planning Board's adoption of Yukiguni's FEIS finding statement back in May 2005, in which it was concluded that the construction of Yukiguni's maitake mushroom plant would not negatively impact the existing environment in the neighboring area. That matter was decided by the Supreme Court Sullivan County in a total dismissal of the plaintiffs' complaint in February 2006, which was a victory for Yukiguni.

Immediately after the dismissal by the Sullivan County Supreme Court in the past February, the plaintiffs issued their intention to appeal, and simultaneously they also submitted this "Stay Request" motion. As of now, it is not yet known if the plaintiffs will perfect their appeal.

Another court action targeting the Zoning Board of Appeal's adoption of Yukiguni's variance request determined in 2005 is still in the early stage, but a decision on that matter is expected from the Sullivan County Supreme Court in a few weeks.

www.midhudsonnews.com/News/mushroom_stay_denied-18May06.htm