254.2005
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V.
HOMESTEAD VILLAGE, LLC
RESOLUTION NO.: 254, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury previously commenced actions against Homestead
Village, LLC in Queensbury Town Court for numerous violations of various sections of the
Queensbury Town Code, and
WHEREAS, there have been numerous serious violations which could impact health and safety
including occupancy of homes erected without building permits and/or without certificates of
occupancy, and
WHEREAS, the Town’s efforts to work through Queensbury Town Court have proved futile
as Homestead Village, LLC has repeatedly failed to appear or give assurances that work would be
completed but did not meet its obligations, and
WHEREAS, because of the growing number of violations, the Town Board has determined
that the only way to enjoin the ongoing violations and restrain any new violations is to take action
through Supreme Court as requested by the Director of Building and Code Enforcement,
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and 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 injunctive
relief in the matter of the Town of Queensbury vs. Homestead Village, LLC 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 and take any and all action necessary to commence such proceeding
and effectuate all terms of this Resolution.
rd
Duly adopted this 23 day of May, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT : None