Marshall Takes Property Issue To Court

The August meeting of the Town of Marshall Council opened with the Pledge of Allegiance and approval of the July meeting, and the Public Hearing for the Water Districts July 15 and minutes for the resolution for the Water District July 22.

Resident Colleen McGill spoke during the portion of the meeting reserved for comments from the public.

She noted it has been some time since the activities on Van Hyning Road were first discussed, that the owner of the property has failed to comply with the town laws, and the activities and events continue.

She asked the Council to address this matter that has been on the agenda for four years and to take action to compel Dan Williams to compliance. Her assertions were backed up by several of her neighbors.

They requested firm dates be given to Williams, as he had been denied by the ZBA and the county, and still goes on to expand.

Zoning Board of Appeals chairperson Jamie McNair said he believes their decisions on the Williams matter were fair and thorough.

He said the ZBA has worked hard on this issue, and they feel they have done all that they can. This all means nothing, he said, unless there is a follow-through by the Town Board.

Town Attorney Bill Schmitt said there are two avenues to help solve the problem.

The first is to send out Codes Enforcement Officer Gary Schreppel to serve a Notice to Remedy or Violation.

Williams would then have 30 days to comply; if he does not, he would go before the Town Justice, who could fine him for each violation.

The second alternative would be for the Town Council to authorize an injunction against him to cease and desist.

That would be brought before the Supreme Court, which has the authority to direct him to stop operations.

Williams has a right to appeal these decisions under Article 78, which provides a process to challenge them.

Schmitt was authorized through Section 65 of the Town Law to seek legal action against Williams.

He reminded the Board litigation is a long process.

Route 12B resident Paul Fitzpatrick recalled the devastating floods of 2013 and 2017.

He applauded the efforts made to mitigate the flooding and clean the old canal behind his house of debris. ...