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Local News

Adirondack Council calls Douglas lawsuit ‘absurd’

By CHRIS KNIGHT, Enterprise Senior Staff Writer
POSTED: November 24, 2009

The Adirondack Council has issued its response to a lawsuit filed against the environmental group and the chairman of its board of directors by the owner of a resort and campground on Silver Lake.

Adirondack Council spokesman John Sheehan called the "Summons With Notice," filed Monday in state Supreme Court of Essex County on behalf of Leroy Douglas, "absurd."

"There's no factual basis to anything in these papers," Sheehan said. "If filed, they'd be dismissed."

Douglas is seeking $2.1 million from the Adirondack Council and Brian Ruder, chairman of its board of directors, for allegedly interfering in a state Adirondack Park Agency enforcement action against Douglas.

More specifically, Matthew Norfolk, Douglas' lawyer, claims the Adirondack Council's involvement in the case through letters and e-mails constitutes "tortious interference," or an attempt to intentionally damage a contract or business relationship.

Norfolk said the Adirondack Council acted as a third party and interfered in a 2005 settlement agreement between Douglas and the APA over a wetlands violation, prompting a new enforcement action against Douglas in 2007. The APA recently decided to discontinue that case as long as Douglas submits an affidavit confirming he's completed remediation to the property.

Douglas claims the enforcement action prevented him from selling eight lots on his property and cost him "a lot of money." The $2.1 million he's seeking from the Adirondack Council and Ruder represents the estimated $250,000 market value of each lot at the time, plus legal fees.

"We're going to try to prove that my client was harmed by the Adirondack Council and, upon information and belief, Mr. Ruder's inducing the APA to ignore a settlement agreement that was already in place," Norfolk said.

Although he's never brought such a case to trial before, Norfolk was confident.

"In New York it's a recognized tort," he said. "It can happen, and I think we've got the documentation to go forward with it."

Sheehan, however, questioned whether the 2005 settlement agreement could be considered a contract in a "tortious interference" case. He also noted that the term was misspelled in the summons to read "tortuous inference."

Norfolk said the typo won't be considered a "material defect" and the summons can be amended, if necessary.

The actual complaint against the Adirondack Council and Ruder has yet to be filed. Norfolk said it will be provided once the Council responds to the summons.

---

Contact Chris Knight at 891-2600 ext. 24 or cknight@adirondackdailyenterprise.com.

 
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Member Comments
View Comments: | 1-7 | Post a comment
Ttmtimeri
11-24-09 9:52 PM
mommieparrot, why don't you go ahead and let us know what he says.

MommiePatriot
11-24-09 9:01 PM
I suggest we Call Patterson's Office & Suggest we eliminate the APA from our states budget all together. That would save us money now & in the future!

FishCric
11-24-09 8:16 PM
We simply can't afford redundant government agency's. Do the math!

And what really got me mad was 2 summers ago I was at an USLA meeting at the wild center and the main pitchman openly said if you have a couple of kids have them register to vote up here to sway local elections. Dockers dweeb:)

Time for change just like barrack says :)

You city people may have better diplomas but the IQ's are the same and we are, me at least really sick of y'all.

this place does not need saving. go help some inner city kids or even come up here during school an tutor.

sick

SilenceDogood
11-24-09 6:51 PM
The only thing absurd here is the arrogance that trumps the ignorance the the Adirondack Council. They've been caught pulling the marionette strings, so they start calling names...

BlackIce
11-24-09 6:00 PM
Oh there's more. There are 4 former ADK council board members that are commissioner's at the APA. Now they are going to appoint another commissioner who used to be on the board of the Residents Committee For the Protection Of The Adirondacks. That gives the LOONs 5 votes every time. On everything. Do you think that "We The People " have a chance?

BMcClatchie
11-24-09 2:39 PM
Well said, Savant! God forbid that any of the eco -freaks would abuse their power.....

EsoxSavant
11-24-09 2:31 PM
Let me get this straight: Cecil Wray is the "enforcement committee chairman" of the APA. Who, just so happens, was formerly on the board of directors of the Adk. Council. (he resigned to take the position)

Maybe that's coincidence......

Brian Ruden just so happens to be the chairman on the board of directors of the ADK. council AND just so happens to own property adjoining the douglas's!

Three coincidences! What are the chances!

In 2006 the APA ruled this particular wetlands violation "non-juristictional" but just so happens the APA re-openes this particular case?

I'm sure this Brian Ruden fellow has great concern for the poor wittle' old wetlands (which are (coincidently) right next to property he owns) but it sounds more like he's using his political position to protect his real estate assets.....but maybe not, no member of the council or APA would abuse their political positions by furthering a personal grudge.

That's unpossible!

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