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Litigation\Authorize Supreme Court Action—Richard Sears—11-19-12
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION AGAINST RICHARD C. SEARS, RICHARD C. SEARS,
INC. AND RICHARD SEARS LANDSCAPING CORP.
RESOLUTION NO.: ,2012
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping
Corp. own, occupy and/or controls property at 1 Harold Harris Road in the Town of Queensbury,
Tax Map Parcel No.: 302.9-1-37, the Premises, and
WHEREAS, the Town's Zoning Administrator, Craig Brown, (Brown) reports to the Town
Board that he has received numerous complaints from the neighbors, including the Dixon Heights
Home Owners Association III, regarding unreasonable noise and commercial activities at the Premises
that have increased in number and amount of occurrences and that the Complaints indicate the
activities often take place on weekends and disturb the repose of the residential neighborhood, and
WHEREAS, Brown reports that the Premises have been expanded to include grinding and
chipping activities that have not been approved by the Town, and
WHEREAS, Brown attempted to address this both with Richard Sears and with his attorney
but the activity has not been abated but has increased, and
WHEREAS Brown reports that the Premises are being used in violation of Town Code §179-
13-101 in that there has been an unlawful enlargement and expansion of a pre-existing non-conforming
use, and
WHEREAS, the Queensbury Town Court lacks injunctive power to require compliance with
the Town Code, and
WHEREAS, the Town Board wishes to pursue preliminary and injunctive relief, that Richard
C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp., bring the property into
compliance with the Town Code, and
WHEREAS, the Queensbury Town Board wishes to also pursue fines and penalties against
Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp., for the willful
violation of the Town Code,
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 permanent
injunctive relief against Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping
Corp. concerning the property located at 1 Harold Harris Road in the Town of Queensbury, Tax
Map Parcel No.: 302.9-1-37, as referenced in the preambles of this Resolution, enjoin the unlawful
use of the premises and bring the premises into compliance with the Town Code and pursue fines and
penalties for the willful violation of the Town Code, and
BE IT FURTHER,
RESOLVED, that the Town Board 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,
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RESOLVED, that the Town Board further authorizes Town Counsel to cause a title
search to be made to assure that all necessary parties are named in the litigation, and
BE IT FURTHER,
RESOLVED, that the Town Board 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, Code Compliance Officer and/or Town
Budget Officer to take any and all action necessary to effectuate all terms of this Resolution.
Duly adopted this 19th day of November, 2012,by the following vote:
AYES
NOES
ABSENT :
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