New York State’s highest court – the Court of Appeals – has dismissed the Town of Amherst’s appeal of Acquest Wehrle, LLC’s $4 million judgment. This decision gives finality to a case that dates back to 2006 when the Town unconstitutionally terminated Acquest’s office park project on Wehrle Drive. The case went to trial in 2013 and a jury awarded Acquest more than $3 million in damages.
The Town of Amherst appealed the jury verdict to the Appellate Division of the Supreme Court in Rochester, but Acquest successfully defended that appeal and ultimately entered judgment against the Town for $3.94 million.
In January, the Town appealed yet again, but on March 24, 2016 the Court of Appeals recognized the lack of merit in the Town’s appeal by dismissing it before even seeing briefs or hearing argument from the parties.
Acquest Wehrle, which is owned by William L. Huntress, will now begin enforcement and collection of its judgment, which is accruing close to $1,000 per day in interest.
Tony Rupp and Matt Miller, partners at the law firm Rupp Baase Pfalzgraf Cunningham LLC, represent Acquest.
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