The town of Pamelia and its supervisor, Lawrence C. Longway, have asked a federal judge to dismiss a $3.5 million lawsuit brought against them by the developer of a townhouse complex.
The town and Mr. Longway filed a response Friday to a suit filed in U.S. District Court, Syracuse, by AYDM Associates Inc., whose principal is Guy H. Javarone, Watertown. Mr. Javarone filed his action Oct. 16 claiming, among other things, that Mr. Longway has used his elected position to undermine completion of the 53-unit Emerald Acres project because Mr. Longway owns a competing 46-lot single-family home development off Route 342.
AYDM Associates contends that it has met all of the conditions required by the town to complete the project, but that the town has been slow to reciprocate and now refuses to issue any more certificates of occupancy for buildings under development. The company maintains that its project is being held to different standards than others underway within the town, including Mr. Longways.
The town and Mr. Longway submitted blanket denials of each of the allegations in the response and asked that the suit be dismissed. They also requested that any requests by Mr. Javarone for declaratory or injunctive relief be denied. The suit is seeking declaratory judgment finding that the towns action violates AYDM Associates rights under the U.S. Constitution, including alleged selective enforcement and violation of due process claims, and a claim under state law for interfering with a contract. The suit also is seeking injunctive relief seeking an order that the town refrain from any further behavior complained about by AYDM Associates.
According to the suit, while 19 townhouses were under construction, the town tried to stop the project, claiming that its water and sewer systems were installed improperly. The towns building inspector, Walter H. VanTassel, examined the work and determined that it was done consistently with approved plans and building codes and issued certificates of occupancy for three completed townhouses. It is alleged that at a Sept. 30 Town Council meeting, the board, at Mr. Longways direction, retaliated against Mr. VanTassel by eliminating his position, which he has held for 15 years.
Mr. Longway said shortly after the meeting that having Jefferson County take over Mr. VanTassels duties at the end of the year would save the town money, with that being the reason the position was eliminated, not because of any personal vendetta over Emerald Acres.
Since the suit was filed, the Town Council has voted to restore Mr. VanTassels position and lifted a mandate that he not issue certificates of occupancy for the project. The move was made after town officials determined families couldnt legally be prevented from moving in because of concerns about infrastructure.
In their response, the town and Mr. Longway maintain, among other things, that they have acted in good faith in dealings with Mr. Javarone and have not infringed on any of his rights.