Today, the District received the following information from district counsel:
On August 15, 2018, Justice Emerson issued a decision in the lawsuit filed by the Northport-East Northport and Port Jefferson School Districts against LIPA and National Grid. The legal arguments and requests for relief in that case are almost identical to the ones brought by the Island Park Union Free School District against LIPA and National Grid.
In her decision, the judge ruled in favor of LIPA and National Grid, granting them summary judgment on all of the causes of action. This means that the case is over, unless the school districts involved in that case file an appeal to the Appellate Division, Second Department.
The judge concluded that the school districts are not intended third-party beneficiaries to a power supply agreement between LIPA and LILCO and that, therefore, they do not have the right to enforce the provisions in that agreement regarding when LIPA, LILCO or National Grid, LILCO’s successor, can file tax certiorari proceedings. She also dismissed the school districts’ promissory estoppel claims.
The judge has advised the parties that she will issue a similar decision in the remaining cases, including in Island Park’s case, within the next couple of months. If, and when, she issues a similar decision, Island Park’s case will also be over, unless the District files an appeal. The Board of Education and the Superintendent are reviewing the decision with counsel and will evaluate the pros and cons of bringing an appeal once the judge issues a decision in our case.
The Board of Education has its monthly Business Meeting on Monday, August 20 at 7 PM in the Conference Center at 99 Radcliffe Road. The attorney representing the district in this case will be explaining the decision and answering questions pertaining to the district’s next steps.
To read the case, see the Summary Judgment in the case, “BOARD OF EDUCATION OF THE NORTHPORT-EAST NORTHPORT UFSD AND BOARD OF EDUCATION OF THE PORT JEFFERSON UFSD vs LONG ISLAND POWER AUTHORITY, LONG ISLAND LIGHTING COMPANY dba LIPA, NATIONAL GRID, etc.”