In July 2018, the Huntington Town Board voted to enter into voluntary, non-binding mediation with the Northport-East Northport School District, LIPA and National Grid in an attempt to reach a resolution. Non-binding mediation means that the mediator is not the fact finder in the case and cannot determine the outcome of the cases.
Additionally, any party may terminate participation for any reason upon written notification to the mediator and the other parties in the litigation. Thus, the Town of Huntington can walk away at any time if mediation is not proving successful and continue to litigate.
The first mediation session is scheduled for Wednesday, September 26, 2018.
The tax certiorari actions are currently scheduled for trial in December 2018.
What is the current status of the third party beneficiary case?
In 2011, LIPA and National Grid attempted to dismiss the third party beneficiary case commenced by the Town of Huntington and the Northport-East Northport School District. The lower court denied LIPA/National Grid’s motion to dismiss and they appealed to the Appellate Division, Second Department. The Town of Huntington and the School District were victorious in the Appellate Division. After extensive discovery, including the request and exchange of documents between the parties and depositions, both sides made motions for summary judgment.
On or about August 15, 2018, Justice Emerson, in two separate but substantially identical decisions, dismissed both the Town's and the School District’s third-party complaints and granted summary judgment to LIPA and National Grid.
Does the Town or the School District have any recourse to appeal?
Yes, the Town and the School District are entitled to appeal Justice Emerson’s decision to the Appellate Division, Second Department.
What are the next steps?
The Town and the School District are both planning to file a Notice of Appeal forthwith. The Town and the School District then have six months to perfect their appeals. Perfecting an appeal means filing copies of the record of the case and the appellant’s brief with the Clerk of the Appellate Division, Second Department.
It will take approximately two years to receive a decision on the appeal.
Do you have questions about the LIPA lawsuit? Find answers to common questions on the Town's website.
LIPA/National Grid Litigation Frequently Asked Questions