Silver Lake man files intent to sue APA
By CHRIS KNIGHT, Enterprise Senior Staff WriterSARANAC LAKE - The lawyer representing Leroy Douglas and the Douglas Corporation of Silver Lake has filed a notice of intent to sue the state Adirondack Park Agency and several agency officials and employees.
Matthew Norfolk of Lake Placid said the notice was served Friday to state Attorney General Andrew Cuomo's Office to preserve Douglas' right to eventually file claims against the APA. A decision about whether to actually file a lawsuit hasn't been made, he said.
"Right now I can only confirm that a notice of intent to file claims has been served on the Attorney General's Office," he said.
Norfolk wouldn't say whether Douglas' claims would be filed in state or federal court and declined to talk in detail about his client's allegations against the APA. However, he did confirm that the case stems from an agency enforcement action against Douglas.
The APA closed the enforcement case, which involved a wetlands violation, in November after Norfolk filed a motion accusing the agency of violating state ex parte communication laws and working in collusion with the Adirondack Council to stop Douglas' development plans on Silver Lake. Those claims are already the focus of a $3.1 million lawsuit Douglas filed in November against the Adirondack Council and a January complaint Norfolk filed with Cuomo's office, on behalf of Douglas, calling for an investigation of the Park Agency.
While Norfolk said a decision about filing a lawsuit against the APA hasn't been made, the notice of intent says Douglas intends to file claims against the APA for allegedly violating his federal and state constitutional rights, violating his civil rights, causing him emotional distress, maliciously prosecuting him, abusing process, defaming him, selectively enforcing and other accusations.
The enforcement proceeding was "unjustified, arbitrary and capricious, not supported by law or the facts, and was driven by vindictive, illegitimate and improper motives, and (the APA's) desire to lend favor to private third-party citizens and environmental groups," reads the notice.
Douglas didn't return a message seeking additional comment Monday.
APA spokesman Keith McKeever said agency officials had not seen the notice and had no immediate comment.
Agency officials have previously denied any allegations of collusion with environmental groups and illegal ex parte communications.
---
Contact Chris Knight at 891-2600 ext. 24 or cknight@adirondackdailyenterprise.com.
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snakepliskin
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02-10-10 6:21 PM
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TL parent, Most of the commissioners are a bunch of loons(remember that the loon is the Adirondack Councils mascot, how fitting). Curt Stiles, Cecil Wray and Richard Booth are all former Council board members. Curt Stiles was the vice-chair up until the very day he was appointed Chairman on the apa. Do you really think that he has no sympathies towards his former club? Since Stiles has taken control of the apa he has run it with gustapo like efficiency. Look at all the great publicity and lawsuits they have gotten under his command. Its absurd and only costs the innocent taxpayers in the end.
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contrary1
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02-10-10 10:10 AM
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Until someone is courageous enough to force the issue in court, we'll never know if the APA is acting in our best interest or the interests of a few investor class stakeholders. Making the debate a matter of local vs outsider, doesn't take into account the fact that humans are by nature, greedy creatures. We've got local thieves, local drug dealers, local pedophile politicians, local CO murderers, and local drunken principals. I'm quite sure we've got a few educated locals working in these organizations, who would turn a blind eye to these abuses because "It ain't worth losing my cushy state job over". All Government organizations if left unchecked, eventually become corrupted. Pretending that locals are immune to this predatory behavior is like saying there is no black on black crime. It isn't a valid argument. The argument to eliminate the APA, can only be won by rational testimony in a court of law. With Cuomo bought, lawsuits are the only way to convict the APA.
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TLParent
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02-09-10 9:48 PM
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I agree. There seems to be a problem. Perhaps Chris Knight could do a study and write a report about this topic.
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native
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02-09-10 7:33 PM
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If its one big lovefest what seems to be the problem? Why do locals feel so threatened by the APA and these "nice" local people running it? OH!, I know, it is all of these silly, stupid local, other than APA local, people's misconceptions about the APA. You have to be blind not to see that there is a problem.
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TLParent
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02-09-10 7:01 PM
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Do most of the APA employees live inside the park, or do they drive from the big cities? If they live here, pay their taxes, and raise their children. They must be locals, so I doubt they hate locals. Some of the commissioners may from outside of the park, but not the dedicated people who are during their jobs. Silly
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native
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02-09-10 6:44 PM
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I wonder why local people hate the APA, transplants like Sandy Lewis likes the APA but think it is just a bad administration, and second home owners just love the APA. I also wonder why the APA loves second home owners, likes transplants (except for that Lewis guy), and just hates the locals. OH!, Commissioners from outside the "Park" are second home owners, inside the "Park" are transplants, and locals are excluded from representation. Probably has nothing to do with it. Look down your nose, there is another local.
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snakepliskin
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02-09-10 6:16 PM
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TL Parent, It is you who are naive! If you had seen any of the correspondences between the adirondack council and the apa on this enforcement case you would be agreeing with the rest of us silly people.
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TLParent
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02-09-10 5:47 PM
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Again another local comment comparing the APA to hatful groups of people. Why the need to use gestapo and nazi? Do you really understand what these groups did to innocent groups of people. Are you and jackkk the same person? Very mean.
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TLParent
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02-09-10 5:41 PM
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You are silly. Of course you get that type of response from doing the right thing. This minimal push to eliminate the APA is in response to them doing the right thing and the "good old boys" not liking it. They have been so used to authority figures just ignoring these types of actions. People always blame the authority figure for doind their job.
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adkman
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02-09-10 3:35 PM
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Joel If you remove your head you will see that there is day light. There is a big push not only by towns and villages to get rid of the APA and their gestopo tatics but even some of the Assembly. You don't get this action from doing the right thing.
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contrary1
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02-09-10 10:14 AM
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Enviro groups have a right to be advocates for their cause. If overzealous members break the law or violate the rights of the individual as outlined in the Constitution, they should be held accountable. Mr. Cuomo has taken so much money as donations from NYS realtor organizations, we can assume that he will side with the APA and the eco-realtors in regards to any criminal indictments. Today for many Americans, the only path to justice is through the civil court system. The entitled elite of the right and left have politicized the criminal justice system so much, they've grown to feel the laws no longer apply to them. Then the hopey changey thing happened and America's constitutionally protected rabble was roused. Way to go rabble! Since America's Attorneys General won't prosecute their entitled elite peers, lawsuits are all we have left. What do the sheep of the right wing support? Tort reform. We can't arrest'em, and if left up to the educated elite we won't be able to sue'em either.
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native
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02-09-10 9:19 AM
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I have to also add one more comment. The APA is now trying to do the right thing in this case. The attorney has been removed from the case. As much as I dislike the agency, I also know that it is much harder to correct a wrong and that is what they are doing. The attorney for Douglas has the responsibility to protect his client. Hopefully everything will work out and he will not have to file the suit, as he stated. Hopefully cases like this stop happening. The environmental industry needs to stop acting like the Nazi party.
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native
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02-09-10 9:08 AM
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Joel, you are wrong. These groups were not acting collectively. It was one individual, the chairman of the Adirondack Council, who owns a camp on Silver Lake that was acting with two individuals that work at the APA on enforcement cases. The key is enforcement cases are different than the permitting process. The Adirondack Council had every right to be involved in the application of any proposed project at the APA. They have no right to work with and assist in an enforcement case. In simpler words, you can't create an enforcement case to force your neighbor to sell their property.
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MommiePatriot
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02-08-10 10:17 PM
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These groups are set up by Progressives...All of them. And they all use Thug like tactics in addressing their agenda(s). They would like to control more than they do...we the people will eventually stand together and deem them unnecessary. And they'll run with tails between their legs at that point! :) Looking forward to it! LOL
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MommiePatriot
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02-08-10 10:10 PM
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Joel are you hearing yourself - Bully Wow
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AdikAdam
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02-08-10 9:58 PM
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Let me get this straight: The APA for violated his federal and state constitutional rights, violated his civil rights, caused him emotional distress, maliciously prosecuted him, abused process, defamed him, the enforcement proceeding was "unjustified, arbitrary and capricious, not supported by law or the facts, and was driven by vindictive, illegitimate and improper motives. But they might not actually file a lawsuit? I'm calling their BS.
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JoelADK
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02-08-10 9:35 PM
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All of these comments are rude and inappropriate. It is appropriate for private groups, clubs, and organizations to offer their collective opinions, and expertise on such subjects. They have a desire to protect what they see as important. You have a right to disagree. Good job APA and other protection groups. Most of these types of governmental agencies and environmental orgazizations are set up and funded to protect the environment from money hungry thieves. They are also employed to protect the resisdents of the state from people and groups that would rather you mind your own business and let people do what ever it is they want. Well that is not the way things work anymore, so get used to it. You are the bullies, not the RCPA, Adirondack Council, etc... Sorry jackkk
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LoveTheCold
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02-08-10 6:49 PM
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:) time for the old gaurd to find hobbies
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jswhiteface
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02-08-10 4:55 PM
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Hope the courts will open the flood gartes on the APA and drown the rats. Lewis' case set the tone, another claim and win could get the state to control the rouge APA! Go DOUGLAS' give it to em Norfolk!
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concerned
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02-08-10 4:21 PM
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if the apa was an upright organization it would not need keith mckeever or the position he holds.........a bunch of powerhungry low lifes........ liars too
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