100.97
RESOLUTION AUTHORIZING DISCONTINUANCE OF
TOWN OF QUEENSBURY V. FLYNN SUPREME COURT CASE
RESOLUTION NO.: 100.97
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, in 1991 the Town of Queensbury commenced legal action
against John and Rita Flynn seeking compliance with various
provisions of the Queensbury Town Code, and
WHEREAS, the allegations concerned property located in the
vicinity of Mannis and Fitzgerald Roads owned by the Flynns and
involved issues such as unsafe premises, improper excavation, lack
of proper erosion control measures, excessive and exposed slopes,
insufficient revegetation and an unsafe retaining wall, and
WHEREAS, the Town of Queensbury's Director of Building and
Code Enforcement has advised Town Counsel that the Flynns sold the
property in question to the adjoining property owner who in turned
cleaned up and remedied all existing violations on the property,
and
WHEREAS, Town Counsel has advised the Town Board that since
all issues concerning this matter have been resolved and the Town
of Queensbury's goals have been achieved, this case can be
discontinued,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, after
due consideration, determines that it is in the best interest of
the Town of Queensbury to discontinue the Supreme Court Case of the
Town of Queensbury v. John and Rita Flynn, (Warren County RJI No.
57/1-92-0061 and Index No. 29155), and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes and directs Town Counsel and the Town Supervisor to
execute and place the Town seal on any affidavits, releases,
stipulations of discontinu-ance or other documents and papers that
may be necessary to discontinue this action.
Duly adopted this 3rd day of March, 1997, by the following
vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr.
Champagne
NOES : None
ABSENT: None