Lawyer hired for land dispute
BOMBAY — The town has hired an attorney in a legal battle with a disgruntled property owner in the Hogansburg Triangle, and said Monday it is seeking state aid in the legal action officials say is tied to a Mohawk land claim.
Town Supervisor Don Dabiew said the town had no choice but to hire an attorney, who will be paid a $5,000 retainer. In an appearance in November before state Supreme Court Justice David R. Demarest, the town was ordered to acquire legal counsel by Nov. 27.
After consulting with council members, Mr. Dabiew said he hired John Wilkins, of Wilkins & Griffin, Lake Placid. The action must be formally approved by the council at its next meeting.
The legal action was initiated by Horst Wuersching, Mount Vernon, who owns the 240 acres along Route 95. Wuersching has owned the property since 1981, and tried to sell it in December 2008. Soon after the "for sale" sign went up, the Men's Council of the Great Law Longhouse in Akwesasne seized the property, rendering it unusable and impossible to sell, according to Wuersching's attorney, Brian Stewart.
Following an assessment of the property at $16,800 by Bombay's assessor in May, Wuersching filed a challenge with the town. That challenge was rejected.
According to Mr. Stewart, Wuersching wants the value of the property to be reduced to zero for 2009, and the county, town and school property tax burden totaling $18,000 forgiven. The 2008 and 2009 taxes have not been paid on the property, he said.
The 2,060-acre Hogansburg Triangle is part of the tribe's land claim area. It is not part of the tribe's recognized reservation, which encompasses about 21 square miles.
Mr. Dabiew said he has spoken to Gov. David A. Paterson's counsel, David Rhoades, as well as state Sen. Elizabeth O. Little, R-Queensbury and state Assemblywoman Janet L. Duprey, R-Peru, to appeal for financial assistance.
The state has traditionally provided legal defense assistance to county and municipalities fighting parts of the land claim, he said.
"My understanding is the state is helping with the county's legal fees, and I believe Bombay is entitled to the same financial assistance. I have called the governor's office and am awaiting a response," Mrs. Little said.
In its appeal to the state, the town argues that the Mohawks' ownership interest in Wuersching's property is related to the St. Regis Mohawk Tribe's ongoing land claim against the town and state.
The case is scheduled to be heard at 9:30 a.m. Dec. 18 by state Judge Demarest at the St. Lawrence County Court House, Canton.
Whatever Judge Demarest ultimately rules, Mr. Wilkins said his decision will set a precedent.
"The facts in this case are very unique, and I suppose that if and when these facts come up again, whether in Franklin County or Oneida County or wherever, that whatever the judge says in this case will provide future guidance to what a court should do in the next case," he said.
