Government Waste
Lancaster Civil Lawsuit: Part 9: The bottom line
By Lee Chowaniec
Dec 1, 2005, 18:25

The intent of this series was simply to present the reasons and essence of the citizen lawsuit against the Town, without bias or insipid interpretation. The lawsuit against members of the Town Board was instated because the plaintiffs allege the public was misled, that the public were given no voice in a process they deemed flawed, and that later on they continued to observe their Town administrators and officials act in their self-interest, rather than in the best interest of the community.

No better summary of plaintiff allegations can be made than those presented by Coregis Insurance Company, the Town’s insurer against such actions. Coregis declares they are not saying the plaintiff allegations are substantiated, rather that said legal action and restoration and remittal costs are beyond their insurance liability. However, Coregis’ statement on the Complaint charges and impending lawsuit costs is explicit:

Factual & Legal Causes of Action

The facts as alleged by the plaintiffs, as we understand them are as follows. It is alleged that the Town entered into an agreement to purchase real property before a board meeting was held. However, during the actual board meeting, it was conveyed that the property had not been purchased and that the purchase was subject to a Feasibility Study. This study was completed with a cost to the Town of $7,500. It is alleged that the Town wasted Municipal assets by spending $7,500 for a Feasibility Study when it was intended that the study would be used.

The complaint contains two causes of action. The First Cause of Action alleges that the fraud and/or bad faith of the Defendants caused the illegal waste of Town and Municipal assets by fraudulently enticing the Village Board to contribute $7,500 toward the cost of the Feasibility Study.

The Second Cause of Action alleges that under Municipal Law Sec.51, a Town Supervisor and/or Board Member is personally liable for the illegal waste of municipal funds and must restore said funds where the fraud, collusion, corruption and/or bad faith of the Town Supervisor and/or Board Member caused the illegal waste of municipal assets.

Plaintiff seeks the following damages and relief: declaratory relief; an order for the defendants to restore, remit and pay back to the Town the $7,500 paid for the feasibility study; an order for the defendants to restore, remit and pay back to the Village the $7,500 the Village paid for the Feasibility Study together with interest; and an award of all costs, disbursements and reasonable counsel fees as allowed by law, together with any and all other relief which the Court may deem just and proper.

Writer Comment

Those suspecting this writer is an involved party to the civil lawsuit are mistaken. As stated early on in article, the intent was to make known to the public the reasons for and the essence of the lawsuit. You certainly are not going to get this information from any Town official or document or in any detail from a newspaper. However, it is now on official record and assessable to the public.

If you ever get an opportunity to obtain and read the depositions and examine the exhibits, as they say, “you ain’t going to believe some of this s…!”


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