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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 § 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 th 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. th 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