281.2005
RESOLUTION AUTHORIZING FURTHER SUPREME COURT ACTION IN
CONNECTION WITH TOWN OF QUEENSBURY V. ARTHUR BROWN
RESOLUTION NO.: 281, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury commenced multiple actions against Arthur Brown for
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violations of Queensbury Town Code 102-3, the Town’s Ordinance regulating junkyards for
maintaining a junkyard without a permit at property located at 69 Birch Road in the Town of
Queensbury, and
WHEREAS, in addition, there have been violations of Chapter 96 for illegal dumping on the
property, and
WHEREAS, by Resolution No.: 220,2004, the Queensbury Town Board authorized
commencement of Supreme Court Action to pursue preliminary and injunctive relief, and
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WHEREAS, the Hon. David B. Krogmann issued an Order and Judgment on August 19,
2004 permanently enjoining, restraining and prohibiting maintenance of a junkyard at the property, and
WHEREAS, by that Order, Arthur Brown was required to clean up the property within 30
days and the Town was permitted to do so at a cost to be paid by Mr. Brown, should he fail to do so,
and
WHEREAS, the Town ultimately cleaned the property at a cost of $3,378.38, and
WHEREAS, inspection of the property in April, 2005 revealed that large amounts of junk and
debris had been deposited on the property, and
WHEREAS, correspondence to Mr. Brown and to his attorney requesting clean up of the
property has not been answered,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
commencement of a motion in Warren County Supreme Court to pursue contempt charges in the
matter of the Town of Queensbury vs. Arthur and Janice Brown as referenced in the preambles of
this Resolution, 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.
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Duly adopted this 6 day of June, 2005, by the following vote:
AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT : Mr. Brewer