Woodstock Town Board Meeting, October 28

This article appeared in the Townsman, October 30 edition

A meeting of the Woodstock town board that had been scheduled for other purposes heard the announcement by the supervisor, Jeff Moran, that the last legal impediment to the Town's signing of the so-called Comeau easement has been struck down by the New York State Supreme Court, Appellate Division, Third Judicial Department.

A letter dated October 23 to Moran from Steven Barshov of Sive, Paget & Riesel, the New York City law firm engaged by the Town to respond to the long on-going litigation, stated, "We are happy to report that the Appellate Division has affirmed Judge Work's grant of the Town's motion for summary judgment to dismiss LaBarbera's one remaining cause of action."

Woodstocker Vincent LaBarbera has put up a legal challenge dating back to just prior the November, 2003 referendum, which passed by a 1326-856 vote, that gave the Town the authority to place a conservation easement on the town-owned 76 acre parcel. His original petition to the court contained seven causes of action, the last of which was dismissed last year by Judge Mary Work of the New York Supreme Court in Kingston. LaBabera had appealed to the state's highest court to overturn that dismissal.

LaBabera, represented by the law firm of Galvin & Morgan, claimed that the Town had given insufficient information to allow voters in the referendum to make an intelligent decision, and also of providing inadequate notice of the election itself. Judge F. Lahtinen, writing for the five-member court of appeals, however, concluded, "The remaining contentions that arguably fall within the scope of the petitioners' second cause of action (the only cause of action that survived the earlier appeal) have been considered and found unavailing."

The decision was unanimous. Any further appeal would have to be considered by the United States Supreme Court.

Were the Town to now sign the conservation easement with the Woodstock Land Conservancy as its enforcer it would be bound by its terms, which in essence calls for the property to be maintained in its current state. Any improvements beyond the scope of the written easement would have to be agreed to by the Town and the Conservancy. The exception to this proscription would be if the Town determined that a proposed improvement would serve a "public purpose," in which case even with out the Conservancy's approval the Town could condemn the easement and effect the improvement.

The town board's discussion of the news was inconclusive, as were its discussions concerning the water and sewer district budgets, which were not adopted, and the comprehensive plan, which were the ostensible reasons for the meeting. A special meeting was schedule for November 10 at 4:00 pm at the Town Offices for more discussion on those matters.

The 5:00 pm meeting ended abruptly at 6:45 pm when the power went out.