Lawsuit News!!

I am pleased to announce that I have heard from our lawyers at Hogan & Hartson and we have proven successful in our appeal. The Appellate Division of the State of New York Supreme Court agreed with us that the Town of Shandaken Planning Board overstepped their jurisdiction by attempting to interpret zoning law, something that only the Zoning Board of Appeals is authorized to do. Without a ruling from the ZBA, the planning board had no authority to grant the Good Water Corporation/Andrew Poncic a special use permit. As a consequence, the prior State Supreme Court decision on the article 78 suit has been overturned. The permit is voided and the case will be sent back to the State Supreme Court who, in turn, will send it back to the Planning Board. The Planning Board must then refer the matter to the ZBA for consideration on whether harvesting water for entirely non-potable uses is sufficiently similar to water bottling and related uses to merit a special use permit. If and when that determination is made, the Board will have an opportunity to consider Poncic's application anew. It is important to note that the Appeals Court ruled on only one of our many objections to this plan. When sent back to the Planning Board, all of our issues can be raised again to the board and in future litigation.

Thanks so much to those of us who have fought so long and to all our neighbors who have donated so generously to support this ongoing struggle. We look forward to your continuing support in helping to defend our community character.

I would like to extend our deepest gratitude to our lawyers Paul Werner, Gardner Gillespie and their firm Hogan & Hartson for donating their services to the Woodland Community Association pro bono. They have provided us with world class representation that would have been otherwise out of our reach. Also, I would like to thank the other members of the law committee Nat Dershowitz, Jim Frain, Howie McGowan and Brave Emma donated long hours of their time to this cause. Please except my thanks on behalf of the entire Woodland Community Association.

Carol Seitz
President Woodland Valley Association