The Appellate Division of the Supreme Court of the State of New York ruled on June 5, 2026, denying the Town of Leroy's request for attorney's fees in its case against Route 5 Business Park, LLC. This decision impacts local government finances and sets a precedent for similar cases in the future.
The case, titled Matter of Town of Leroy v. Route 5 Business Park, LLC, was filed under docket number 482 CA 25-00577. The ruling came after an appeal from the Town of Leroy, which sought to recover legal costs incurred during the litigation process. The court's decision affects how municipalities handle legal expenses in disputes with private entities.
Background
The Town of Leroy, located in Genesee County, New York, initiated this case against Route 5 Business Park, LLC, and Steven A. Weber. The dispute arose from a legal conflict regarding the business park's operations and its compliance with local regulations. The Town sought to ensure that the business park operated within the framework of town laws, which included zoning and land use regulations.
The initial case was heard in the Supreme Court of Genesee County, where Judge Diane Y. Devlin presided over the matter. The Town of Leroy argued that the business park's operations were detrimental to the community and sought various forms of relief, including the recovery of attorney's fees incurred during the litigation process. After a thorough examination of the case, the lower court ruled in favor of the respondents, denying the Town's request for attorney's fees.
Following the lower court's decision, the Town of Leroy appealed to the Appellate Division of the Supreme Court. They maintained that they were entitled to recover their legal costs due to the nature of the dispute and the importance of enforcing local regulations. The appeal was presented to a panel of judges, including Presiding Justice Whalen, and Justices Lindley, Ogden, and Nowak.
The Ruling
The Appellate Division unanimously affirmed the lower court's decision to deny the Town of Leroy's request for attorney's fees. The court ruled that the Town did not meet the necessary criteria to recover such costs in this particular case. The judges emphasized that the Town had not demonstrated that the respondents acted in bad faith or that their actions warranted the awarding of attorney's fees.
The court stated, "The request for attorney's fees is denied as the petitioner has not established the requisite grounds for such an award."
This ruling reinforces the principle that attorney's fees are not automatically awarded in disputes involving municipalities and private entities. The court's decision highlights the importance of demonstrating specific criteria that justify such an award, particularly in cases where public entities are involved.
Impact
The ruling in Matter of Town of Leroy v. Route 5 Business Park, LLC has significant implications for local governments across New York State. By denying the request for attorney's fees, the court has set a precedent that may deter municipalities from pursuing similar claims in the future unless they can clearly demonstrate the grounds for recovering legal costs.
This decision may also influence how municipalities approach legal disputes with private businesses. Local governments may need to reconsider their strategies and weigh the potential financial risks of litigation, particularly if they are unsure about their ability to recover attorney's fees. The ruling suggests that municipalities must be more strategic in their legal actions and ensure they have a strong basis for any claims they pursue.
Moreover, this case emphasizes the importance of compliance with local regulations for private entities. Businesses operating within municipal boundaries must be aware that local governments are willing to enforce regulations, but they also need to understand the potential legal consequences of such enforcement actions, particularly regarding the financial implications for the government.
What's Next
As of now, it is unclear whether the Town of Leroy will seek further appeal to a higher court. Details were not available in the court filing regarding any related cases pending. The outcome of this case may prompt other municipalities to reconsider their legal strategies in similar disputes, as they navigate the complexities of municipal law and private business operations.











