A New York appellate court has rejected the Red Hook Boat Club's challenge to the town's bid to seize its Hudson River property, handing the Town of Red Hook a major win in a fight over waterfront land that has dragged on for more than a year. The Appellate Division, Second Department, unanimously upheld the Town Board's determination to pursue eminent domain against the 76-year-old private marina in Barrytown, finding the town had adequately justified its plan for a public park.
Court Sides With Town on Public Purpose
The four-judge appellate panel ruled on Wednesday that the town established a legitimate public purpose, complied with environmental review requirements and adequately explained why its proposal was consistent with local waterfront policies, according to The Daily Catch. The justices focused narrowly on whether the Town Board had an adequate basis to proceed with eminent domain, and they found the club could not show that basis lacked foundation. The panel also said the board was not required to address every issue raised during public hearings on the proposal.
The ruling upholds the Town Board's July 15, 2025, resolution, when members voted 3-2 to begin the process of forcing the boat club to sell its Hudson River property. That vote followed an earlier, unanimous April 2025 decision by the board to commence eminent domain proceedings in the first place. Notably, as The Daily Catch reported, the judgment does not itself transfer ownership to the town or determine the price of the acquisition.
What the Town Wants to Build
Red Hook Town Supervisor Robert McKeon told the Daily Freeman that the ruling allows town board members to move forward with eminent domain. McKeon said the town plans to make a purchase offer for the property, guided by an appraisal, though the initial appraisal conducted in 2025 needs updating for timeliness, per the Freeman's report. He added that the town and its consultants took the required hard look at alternatives and concluded this was the only viable option for a waterfront park.
The town has authorized acquisition of two adjoining waterfront parcels that include the address at 256 Dock Road. The Daily Catch reported the parcels total approximately 2.37 acres, while the Freeman described the site as a 2.3-acre property; the town board itself condemned what was described as the 2.3-acre property to develop a boat launch and recreation park. The club's land consists of two individual parcels measuring 1.34 and 1.03 acres, according to the same outlet's earlier coverage of the club's federal lawsuit. Dutchess County records assess the site's combined market value at roughly $1.31 million, a figure that closely tracks The Daily Catch's separate estimate of about $1.3 million.
A Marina With Decades of History
The Red Hook Boat Club sits on the east side of the Hudson River in Barrytown, where it has operated for more than 70 years, according to Westfair Online. Under state eminent-domain law, the acquisition must be completed within three years, and the process could take years and prove costly, per the same account from the Daily Freeman's earlier local coverage. Public reaction to the town's plans has been intense: accounts of a 2025 public hearing differ, with The Daily Catch reporting more than 500 attendees and nearly 100 speakers opposing the proposal, while the Times Union described a crowd of more than 450 people who broke into applause during the meeting.
Separate Zoning Fights Remain Unresolved
The appellate ruling leaves a tangled legal picture in place. The boat club has pursued separate litigation challenging the town's zoning changes and broader acquisition strategy, filing two lawsuits against the Town Board, according to the Times Union. One of those suits, filed in federal court, alleges that the board's passage of a new zoning ordinance known as Local Law 1 and the town's announcement of its intent to pursue eminent domain were coordinated actions designed to devalue the boat club property ahead of a forced taking, as previously reported by The Daily Catch.
The boat club has won separate court cases challenging those land-use changes, and the state Supreme Court in Dutchess County annulled local laws connected to establishing a public park at the site in a June 25 ruling. This week's appellate decision does not address those lower-court rulings and does not expressly reverse the separate zoning decisions or reinstate the invalidated laws, per The Daily Catch's reporting. McKeon maintained that the rulings involving the local laws will not affect the eminent domain process. Representatives of the Red Hook Boat Club were unavailable for comment Friday, according to the Freeman's report.
