449.2008
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION IN CONNECTION WITH
TOWN OF QUEENSBURY V. BRIAN GRANGER
RESOLUTION NO.: 449, 2008
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of
the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, in 2005, Brian Granger approached the Town with the desire to use property
located at 18 Newcomb Street in the Town’s Mixed Use Zone for a parking garage facility to be used
in conjunction with a repossession business, and
WHEREAS, the Town’s Zoning Administrator determined that this was not an allowed use in
the Mixed Use Zone, and
WHEREAS, such determination was appealed to the Town’s Zoning Board of Appeals (ZBA)
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which upheld the Zoning Administrator’s determination on March 22, 2006, and
WHEREAS, the property owner persists in using his property in violation of the Town Zoning
Ordinance, and
WHEREAS, the Town’s Community Development Department has received complaints
regarding the illegal use of this property, and
WHEREAS, it is apparent that the property owner is aware that his use of the property is
illegal yet persists in violating the Town’s Zoning Ordinance, and
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WHEREAS, by letter dated September 15, 2008, the Town’s Zoning Administrator sent a
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letter to Mr. Granger directing him to cease all illegal use of the property by October 15, 2008, and
WHEREAS, the Queensbury Town Court has no jurisdiction to provide injunctive relief and
the only avenue available to require compliance with the Town Code including the Zoning Ordinance is
by recourse to the Supreme Court, and
WHEREAS, the Town Board wishes to pursue such preliminary and permanent injunctive
relief,
NOW, THEREFORE, BE IT
RESOLVED, that in the event that Brian Granger fails to comply with the Town Zoning
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Administrator’s letter of September 15, 2008 by terminating all illegal use of his property by October
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15, 2008, the Queensbury Town Board hereby authorizes and directs Town Counsel to
commence a Warren County Supreme Court action against Brian Granger to seek preliminary and
permanent injunctive relief to require the immediate and permanent cessation of the operation of a
vehicle storage facility and associated auto repossession business in the MU Zone 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
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Counsel, Zoning Administrator 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 22 day of September, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT : None
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