Court keeps Saratoga Springs from taking properties – for now
“The city of Saratoga Springs cannot take properties using eminent domain to build the Geyser Road Trail yet, after a decision made Monday at Saratoga County Supreme Court.
Justice Robert J. Chauvin issued a stay, temporarily preventing Saratoga Springs from taking properties owned by the village of Ballston Spa, the Pompay family and Saratoga Spring Water Company for the proposed Geyser Road Trail.
In October, the village of Ballston Spa, the Pompay family — who live on Geyser Road — and the Saratoga Spring Water Company filed a lawsuit against the city, seeking a review of the city’s compliance with environmental and eminent domain procedures. A petition was filed in the Supreme Court, Appellate Division, in Albany challenging the actions of Mayor Joanne Yepsen and the City Council’s decision to use eminent domain to seize property.
Saratoga Springs had been seeking to take the property of the petitioners before the case could be heard, but Chauvin issued a 60-day stay to allow the petitioners time to file their brief and allow the case to move to the Appellate Division court.
Yepsen said she attended the court session on behalf of the city, saying it wasn’t a surprise the judge issued a limited stay. The city will continue with the legal process, Yepsen said.
The petitioners must provide a progress report on the Appellate Division litigation before the 60-day stay expires on Jan. 19.”
Source: Phelan, Joseph. Saratogian News 21 November 2017.