Town, Red Hook Boat Club spar over eminent domain: Where issue stands after court ruling
About a month ago, on July 15, Red Hook held a Town Board meeting and voted to proceed with eminent domain and the acquisition of the property in a 3-2 vote.
Town Supervisor Robert McKeon, Deputy Supervisor Bill Hamel and Jacob Testa voted in support, and Christine Kane and Julia Solomon voted in opposition of the acquisition.
"At this time, the boat club has a deadline to file a lawsuit, which they indicate they intend to do, challenging the Town's determination to have public access to the river," Town Supervisor Robert McKeon said in an email statement.
However, earlier this year, the Red Hook Boat Club filed another lawsuit with the state Supreme Court on the Town of Red Hook's Feb. 11 adoption of Local Law No. 1 of 2025, a zoning amendment, which the boat club alleged was a procedural violation, overreach of authority and lack of comprehensive planning justification.
On Friday, Aug. 15, the state Supreme Court annulled the zoning amendment.
With continuing legal expenses, on Monday, Aug. 18, the Red Hook Boat Club held a monetary donation ceremony on behalf of the Mohawk Hudson Council of Yacht Clubs and the Hudson River Boat and Yacht Club Association in support of the boat club.
"What was presented as a benign amendment to zoning laws turned out to be a calculated maneuver, one designed to pave the way for eminent domain ... This was about power, power wielded swiftly, without transparency and without the support of the very community it would affect," said Red Hook Boat Club Commodore Richard Ross.
Ross said the ceremony ended up being an opportunity for the boat club members, Red Hook residents, local elected officials, including County Executive Sue Serino, and greater Hudson Valley area yacht and boat club leaders to come together.
"That ruling really validates everything this community has been standing up for, and it matters," Serino said at the gathering. "This really is a significant step in the right direction, but we also know the fight isn't over."
However, according to McKeon, the annulled zoning amendment and the creation of a waterfront park are "two separate actions," and there will be no impact on future eminent domain proceedings.
From the town's perspective, the eminent domain proceedings are an equity issue.
"We've said from the beginning the objective is not displacement but rather opening up the property to more than just 100 members," McKeon said.
Here's what happened at the Red Hook Boat Club's Monday community meeting, what the state Supreme Court ruled, and what happens from here.
Red Hook Boat Club, community come together to express ongoing concerns
A couple dozen people gathered on the afternoon of Aug. 19 in their ongoing objection to the Town of Red Hook's eminent domain proceedings — the process through which the government takes ownership of property for public use, according to the Institute for Justice.
Serino, also a Rogers Point Boat Club member, situated in Hyde Park, and Chairman of the Dutchess County Legislature, Will Truitt, were a part of the Monday gathering, both stating this issue is not about politics, but a precedent that crosses party lines.
"The people say this is wrong," Truitt said.
Serino said it's important "all of our voices are together," and the boat club is a "living part of Red Hook's history, built by volunteers, cared for by generations and rooted in community pride."
Boat Owner's Association of the United States (BoatUS) vice president of public affairs, Scott Croft, along similar lines, noted the Red Hook Boat Club previously sat at the site of a bulk oil storage facility, but was built, Croft said, through volunteerism, and "they're all still the same way."
Over the past 23 years he's been with the association, which serves due-paying boat owners' needs, he said people are coming back to waters that may have been formerly polluted. But this is a working person's club, a place people can "escape with their families for a few hours."
Red Hook resident Lisa Pullaro is worried about what may come next after the boat club. The "speed and zeal" of the boat club eminent domain proceedings by the town is troubling to her, when there are other nearby parks like Poet's Walk Park in Red Hook or Tivoli Bays, which she said offers canoe access.
Elijah Bender, a boat club member, said he is "appalled" the town is trying to take away this asset entitled to the 100 working-class families on their "little sliver of the Hudson River."
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Town of Red Hook zoning law annulled
The boat club's original lawsuit with the state Supreme Court alleged the town's zoning amendment eliminating"marinas" as a permitted use, adding a new definition for "boat clubs," and permitting "public parks, including docks and boat ramps" in all zoning districts, were procedural violations, overreach of authority and lack of comprehensive planning justification.
Judge Maria D. Rosa ultimately ruled in favor of the boat club on two of its six lawsuit claims.
First, the court ruled the new definition of "boat club" was outside the scope of zoning authority, due to including a requirement for "bona fide dues-paying members." The court found this was an impermissible attempt by the town to regulate the internal operations and financing of a non-profit corporation.
Secondly, the court ruled the town violated the State Environmental Quality Review Act (SEQRA). The town stated the zoning amendments would have no significant environmental impact. However, the court found that the town improperly "segmented the SEQRA review process" by not disclosing its intent to take the boat club for a park when the town looked at rezoning.
In failing to consider the "end uses," the court ruled, the town did not take the required "hard look" at the potential environmental impacts.
In the end, the Town of Red Hook's February zoning amendment was set aside.
What happens next?
The town board is considering its options, "recognizing that it may just be easier to resubmit the law for re-approval with a couple of minor tweaks," McKeon said. "The Board will at its next meeting consider whether to appeal, reintroduce or both."
In an effort to move forward in a manner that positively includes the town, the boat club and Red Hook residents, McKeon stated, "the town continues to reach out to the Boat Club to meet on how best to accomplish this."
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However, he continued, the boat club has only recently agreed to one meeting "a few weeks back," and "the town has continued to reach out to the boat club in an effort to avoid litigation."
Ross said the eminent domain proceedings disregard the voices of the Red Hook constituents and is a "pivotal moment, not just for the Red Hook Boat Club, but for every citizen who believes in fairness, transparency and accountability in local government."
He believes the "tide has turned" in the boats club's dispute with the Town of Red Hook, but in the meantime, they will continue to speak out and ensure the town is "held to the highest standard."
This article originally appeared on Poughkeepsie Journal: Town, Red Hook Boat Club spar over eminent domain. Court issues ruling
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