by Contributor | March 26, 2016 2:18 pm
OSWEGO, NY – The New York State Supreme Court, Appellate Division, Fourth Judicial Department, unanimously affirmed a lower court ruling that dismissed a legal claim by local developer Thomas Millar asserting his ownership of the historic Cahill Building.
View the court’s ruling[1]
The appellate ruling means that the city of Oswego retains title to the property located along the Oswego River, Mayor Billy Barlow announced today (March 26).
“I am very pleased with the outcome of this litigation,” Mayor Barlow proclaimed. “This will allow the city of Oswego to move forward with the transformation of this historic building from an eyesore to something we can all be proud to have in our community.”
The Fourth Department ruling agreed with the city’s assertion that all of the necessary parties to the joint venture agreement entered into by the city and Millar’s partners were not parties to the legal action to enforce the development agreement and thus the city met its burden of establishing their entitlement to judgment as a matter of law.
“We are excited to work with Mr. (Tony) Pauldine and his company as he plans to transform the oldest commercial building in the city of Oswego back into a hub of commercial activity,” said Justin Rudgick, community development director.
The court’s ruling today leaves little chance for a successful appeal, according to the mayor’s office.
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