By KIM SMITH DEDAM
Staff Writer
April 30, 2008 04:00 am
—
ELIZABETHTOWN -- Essex County Supreme Court will not transfer the Lewis Family Farm Inc. building permit case to Judge Kevin Ryan.
Acting Supreme Court Judge Richard Meyer issued a decision, filed Monday.
In it, Meyer also adhered to his earlier order that the Lewis Family Farm Inc. remit $50,000 in Adirondack Park Agency fines while the legal dispute over construction of farm-worker housing is reviewed in court.
Meyer said the nearly completed houses at the heart of the matter must remain unoccupied until the jurisdiction issue is resolved.
APPEAL FILED
Lewis Family Farm attorney John J. Privitera appealed Meyer's decision after it was filed Monday.
A hearing on the matter is scheduled in Appellate Court on May 12 in Albany.
APA spokesman Keith McKeever said that, "during the interim, the Appellate Division ordered that the Lewis Farm must pay the $50,000 civil penalty to the Essex County treasurer by May 5 and ordered temporary occupancy allowed in one of the single-family dwellings until the matter is heard by the Appellate Division on May 12."
The jurisdictional challenge arose after APA's Enforcement Committee ruled March 25 that the Lewis Family Farm, owned by Salim B. and Barbara Lewis of Essex, had to apply for building permits for two of three new buildings because farm-worker houses are defined as "single-family dwellings" on Resource Management land.
One of the buildings, APA staff attorneys said, is a replacement structure and not subject to permit requirements.
Privitera argued that all the buildings are agricultural-use structures and thus not subject to any APA jurisdiction by state Right-to-Farm Law.
DENSITY ISSUE
Density is a key aspect defining the regulation dispute.
Density requirements, as measured by APA in the Adirondack Park Act, limit one house per 42.7 acres of Resource Management lands.
But density on agricultural land counts all farm buildings together as a single principal building.
The APA said the 1,111-acre Lewis Family Farm in Resource Management is a potential development lot for 26 homes.
But the Lewises have kept the land in active farming for more than 20 years and built an organic grain and cattle business requiring a steady supply of farm workers and housing.
All of the 15-plus buildings they've erected without permits since 1978 count as one principal dwelling, both sides agree.
The APA Act definition of principle building says:
"All agricultural-use structures and single-family dwellings or mobile homes occupied by a farmer of land in agricultural use, his employees engaged in such use and members of their respective immediate families, will together constitute and count as a single principal building."
Legal review of land use is now in Appellate Court, with Attorney General Andrew Cuomo's office assigned to the APA's civil case.
MEYER RULINGS
Assistant Attorney General Loretta Simon requested last week that the case be switched to Ryan, which Meyer has denied.
Privitera motioned the court to reargue and renew, which Meyer granted, though adhering to his first decision, saying support of a stay would "go beyond the purpose of a stay."
Meyer also ordered payment of the fine.
"Payment of the fine would not preclude Lewis Family Farm Inc. from seeking judicial review," Meyer wrote, "and does not constitute an admission or a concession to the March 25, 2008, (APA) determination now under review. No irreparable harm has been shown by Lewis Family Farm Inc. to payment of the fine at this time."
Privitera offered no comment on Meyer's decision.
kdedam@pressrepublican.com
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