Association Events
So Sorry you missed it!
The Annual Meeting Was:
August 25, 2012
Annual Meeting 1 PM
Piseco Education Center
Special Guest:
Nina Schoch, D.V.M.
Adirondack Center for
Loon Conservation
The Piseco Lake Association
P.O. Box 84
Piseco, NY 12139
The Piseco Lake Association
Piseco Lake, New York
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LAKE NEWS YOU CAN USE! - January 1st 2013!
The Piseco Lake Association continues to be the most fervent advocate for maintaining the dam at Piseco Outlet, a process with over 80 years of history. We believe the board dam is essential to maintaining a satisfactory summer recreational lake level. We also believe that environmental, economic, and population dynamics have an ever increasing impact on our region and this community. Our goal is to take a proactive approach to our purpose...to preserve and enhance Piseco Lake, its tributaries and watersheds, thereby promoting the welfare of the community through fundraising, stewardship, research and public advocacy by volunteers.
THERE IS MUCH TO BE DONE...PLEASE JOIN US!
President's Cove
January 1st, 2013
I hope this day finds you well, and you enjoyed your holidays with family and friends!
On Christmas Eve we received notice that Judge Aulisi reached a decision with regard to all lake realted legal actions. He ruled that his original March 1, 2011, decision in favor of Albert Price vs. the Town of Arietta will stand. Judge Aulisi issued 3 rulings all based essentially on the same foundation. Albert Price filed against the Town of Arietta stipulating that placing a dam in Piseco Outlet was in violation of the 1931 Borst vs. IP, Co. decision. All parties were aware of the Article 78 action and the hearing date. The March 2011 Aulisi decision was based solely on the information in front of the court at that time. All parties were afforded ample opportunity to submit their arguments and information. And all motions and information after March 1, 2011 were considered untimely and not considererd.
In summary, the Judge ruled that the 1931 Borst decision was meant to be perpetual and binding. The Court found the submissions by the Town of Arietta prior to the March 2011 decision did not address the Borst decision and therefore the Court found the circumstances to be apparently sufficiently similar to uphold the 1931 ruling. The Court would not consider any of the arguments raised or evidence submitted by the PLA, by Sandy Knoll’s LLC, or additional submissions from the Town. The Court also invalidated the Town’s Local Law.
The procedural rulings in December now effectively remove this matter from Judge Aulisi’s Court. His ruling implies there were no valid grounds to compel the Court to review the affidavits and factual evidence supplied. So, what do we do next?
All of the attorney’s engaged on our side of the argument have discussed the matter. The PLA Board of Directors has also discussed the matter with the attorneys and amongst the Board. All of the parties agree to move forward with an immediate appeal of the March 2011 decision.
The rulings have not yet been filed as of this date. After they are filed, each party in the matter will have 30 days to file a motion and notice of appeal. Each of the three impacted parties must each file notices independently. The PLA Board voted to proceed with appeal and our conversations with other parties confirm they are each also preparing to file their respective notice of appeal. Each party then has a period of 9 months to gather and submit all their respective materials and prepare for the appeal. A date for the appeal hearing would then be set after that initial 9 month discovery and filing period has passed.
As you realize, we have spent a great deal of time and effort (and yes funds donated by your generosity) toward our mission. Please understand that a good portion of these efforts have not gone to waste. While we were certainly hoping for a different outcome, all of the while we have also been laying the ground work for our appeal. Many of the motions and affidavits filed with the court will move directly to appeal. Please still realize that an appeal will require significant additional funding. The PLA Board is working with the various attorneys at this time to reach the most effective solution in terms of procedures and participants. And very soon we will have a better gauge on our anticipated additional costs and financial needs.
We kindly ask that you anticipate our need for additional funding to support these legal actions in the very near future. We please ask that you prepare to contribute to this vital effort when that time comes.
The Piseco Lake Association, our good friend Sandy Knoll’s, and the Town of Arietta all recognize the importance of Piseco Lake to the future of our community…both emotionally and economically. The Board would like to confirm to you that we are undaunted and resolute in our dedication to the mission to preserve the lake for ALL of our community, not just a few. We also thank you for your continued support and for your consideration. And we sincerely wish you and yours a very Happy New Year ahead.
Barry
