339.2010 Supreme Ct. Denton
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION AGAINST JOAN DENTON
RESOLUTION NO.: 339, 2010
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury previously commenced action against Joan Denton for
violation of Queensbury Town Code §102-3 for maintaining a junkyard as defined by the Queensbury
Town Code without a proper permit, and
WHEREAS, the premises at 2297 Ridge Road in the Town of Queensbury is owned by Joan
Denton (the “Premises”), and
WHEREAS, Ms. Denton continues to thwart the Town’s Junkyard Ordinance, and
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WHEREAS, on or about October 4, 2010, the Town’s Director of Building and Codes
Enforcement, David Hatin, investigated a complaint of building without a permit, and
WHEREAS, based upon the observation of the property, it appeared that a garage was under
construction for which no permits were issued, and
WHEREAS, a search warrant was issued by Town Justice Michael Muller and an investigation
was made consistent with that warrant, and
WHEREAS, Town Officials report that:
1.construction of a garage is underway for which no permits were issued;
2.an illegal expansion of a second structure was built without permits;
3.junk and debris have been deposited on the Premises; and
4.activities have been undertaken in violation of the Town Zoning Ordinance; and
WHEREAS, the Town is extremely concerned that construction without approvals and the
accumulation of junk constitutes a peril to human health, and
WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the
Town Code, and
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. Joan Denton 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
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
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and all action necessary to effectuate all terms of this Resolution.
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Duly adopted this 12 day of October, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
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