Daryl’s House Lawsuit Dismissed

June 29, 2017

by Tom Walogorsky

 

The months-long struggle between Daryl’s House Club and the Town of Pawling appears to be moving towards a positive resolution. A great stride was made on June 27, when the State Supreme Court in Poughkeepsie dismissed the $3.2 million lawsuit that the venue had filed against the Town.

The suit was filed on March 17, after the town had served Daryl’s House with a Notice of Violation – Order to Remedy. A building administrator and fire marshal alleged that the venue was over capacity and parking overflow blocked emergency exits during an inspection on February 26. At the time, Daryl’s House was beginning to make plans for an outdoor concert venue for the summer season. The suit claimed that the Town of Pawling was attempting to force the club to accept a reduced guest capacity before it would approve permits for the planned outdoor stage.

Judge Victor Grossman dismissed the suit against the Town of Pawling, Supervisor David Kelly, and Maxwell Real Estate Holdings, LLC. In his ruling, he declared the lawsuit “premature,” and said that Daryl’s House had made no attempt to formally appeal the violation with the Town. Grossman went to further state that there was no evidence to support the claim that the Town was forcing new occupancy regulations in exchange for the approval of outdoor building permits.

With the dismissal of the litigation, the Town of Pawling and Daryl’s House can begin to work together to resolve capacity and parking differences. Formal permits for the outdoor concert venue were expected to be filed on June 29. Attorneys for both sides claimed that negotiations have begun to yield positive results. They are hopeful that these talks can reinstate an effective working relationship between Pawling and Daryl’s House, which has been a fixture of the community since 2014.  

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