322.2008
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION IN CONNECTION WITH TOWN OF
QUEENSBURY V. NEIL LAVIGNE – ILLEGAL JUNKYARD OPERATION
RESOLUTION NO.: 322, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Chapter 102 of the Town Code provides for administration and enforcement of
the Town’s Junkyard Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, Neil LaVigne owns property at 119 Mountain View Lane in the Town of
Queensbury (Tax Map No.: 295.10-2-28) and Town officials have warned Mr. LaVigne on numerous
occasions and through previous Town Court actions, that Mr. LaVigne is not allowed to bring
discarded junk and other debris to his property, and
WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the
Town’s Junkyard Ordinance and has personally observed that discarded motor vehicle parts and other
junk items continue to be discarded on Mr. LaVigne’s property, and
WHEREAS, the Town’s Director of Building and Code Enforcement has therefore
recommended to the Town Board that it commence a Supreme Court action against Mr. LaVigne to
require Mr. LaVigne to come into conformance with the Town’s Junkyard Ordinance and Town Code,
and
WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent
injunctive relief,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
commencement of a Warren County Supreme Court action to pursue preliminary and permanent
injunctive relief against Neil LaVigne concerning the property located at 119 Mountain View Lane in
the Town of Queensbury (Tax Map No.: 295.10-2-28) as referenced in the preambles of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s Budget
Officer to arrange for payment of any Court and/or litigation costs related to this matter from the
account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation to commence such proceeding and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
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Duly adopted this 16 day of June, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer
NOES: Mr. Strough
ABSENT :None