However, Gan Eden and Thompson have another lawsuit to deal with filed in May against them by The Center for Discovery and Catskill Mountainkeeper.
The attorney representing both nonprofits did not respond by press time for comment.
The lawsuit argues that the project would adversely affect both organizations and seeks to void the settlement on the basis that the town violated open meetings law and SEQRA.
“I believe it’s overreaching and without merit and our attorneys will vigorously defend the town’s position,” Rieber said.
A Sullivan County judge will decide how the case moves forward later this month, according to Horgan.
Horgan added that the lawsuit assumes that the settlement means the project will be approved by the town when up for review, which is not the case.
Rieber insists the same.
“In other words, we’re gonna give them a fair review just like anyone else would get from the town,” he said.