Town appeals judge’s decision on proposed Round Top resort

ROUND TOP―The Town of Cairo Planning Board is fighting a recent court decision that reversed its approvals for a proposed mega resort at the former Blackhead Mountain Lodge.

Attorney Allyson M. Phillips of Troy, who represents the planning board, filed a notice of appeal on Thursday with the State of New York Supreme Court, Appellate Division Third Judicial Department.

Phillips is asking the appellate court to review the April 29 ruling of New York State Supreme Court Judge Sharon Graff that nullified the planning board’s March 2025 issuance of a negative declaration under the State Environmental Quality Review Act (SEQRA). As a result, the planning board’s subsequent actions to grant site plan approval and a special use permit―which first required SEQRA determination―are moot.

The matter was initially brought to the court by way of an Article 78 lawsuit filed in April of 2025 by Friends of Round Top, Theodore Gordon Flyfishers, and Sierra Club. They argued that the planning board failed to take a “hard look” at how expansion and redevelopment of the former Blackhead Mountain Lodge would affect water quality, water withdrawal, wastewater discharge, views from the Catskill Park and Escarpment Trail, lighting, energy use, and community character.

What challengers of the resort wanted was for the planning board to issue a positive declaration under SEQRA that would require the preparation of a detailed Environmental Impact Statement (EIS) for further review.

“The Court's role is not to "weigh the desirability of any [SEQRA] action or choose among alternatives, but to assure that the agency itself has satisfied SEQRA, procedurally and substantively,” Graff wrote in her 16-page decision.

“…affording the planning board the deference to which it is due, the court agrees with petitioners that the planning board failed to take the requisite ‘hard look’ and failed to provide a ‘reasoned elaboration’ with respect to three potential environmental impacts,” Graff wrote, exclusively citing water quality, water withdrawal and impacts on energy.

In addition to the Town of Cairo Planning Board, respondents named in the lawsuit include RCBG Blackhead Owner LLC, R. House Catskills LLC and RCBG JV Manager LLC. RCBG Blackhead Owner LLC purchased Blackhead Mountain Lodge in 2023.

The proposed resort, which would disturb approximately 73 acres, encompasses three parcels on Bald Hills Road N. and Crows Nest Road. Plans include removal of the 18-hole golf course for construction of 87 new buildings to accommodate 127 keyed units, along with a 66,270 square foot main lodge with a spa, restaurant, and bar, as well as a second restaurant, multi-use barn, tennis courts, pool, and 288 parking spaces.

The project, which was in front of the planning board for more than a year, garnered an abundance of both positive and critical public comments. Supporters argued that Round Top was long known for its tourism and the resort would spur new economic development.