A group of residents in Stony Point are not happy about the proposed construction of a ShopRite supermarket and strip mall on Key Fries Drive. They filed an Article 78 proceeding with the Supreme Court to appeal the special permit granted by the Town Board to the developer.

The residents argue that the town wrongly interpreted its code on the light industrial district, overriding the county Planning Department’s disapproval by the Town Board’s supermajority. Also, they are concerned over the possibility of worsened traffic conditions.

The defendants then filed a motion to dismiss because the petitioners did not name the property owner as a party of the lawsuit nor did they exhaust their administrative remedies available to them before going to the Supreme Court when they felt the town’s actions were inappropriate. They could have first voiced their complaints with the Zoning Board of Appeals.

According to the plaintiffs, the town’s response is based on procedural issues instead of focusing on the environmental and legal issues that the residents want the court to consider.

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