Seneca Falls Referendum Appeal Dismissed

Regional News Network:

Seneca Falls—The New York State Supreme Court Appellate Division has thrown out an appeal seeking to reinstate a petition for a voter referendum on the proposed Seneca Falls town hall.

Ruling on a motion from attorney Steven Getman, the court held on Tuesday (December 30) that the appeal should be dismissed on the ground that the appellant, former town board member Sue Sauvageau, had failed to perfect her appeal in a timely manner.

Getman represented Seneca Falls town board member Chad Sanderson. In papers filed with the appeals court Getman argued that Sauvageau’s attorneys were required to complete the filing and other requirements for the appeal no later than September 22.

Sauvageau’s notice of appeal was filed in July by Geneva attorney Mario Fratto. Neither Sauvageau nor her attorney sought an extension of the time to perfect the appeal or submitted an answer to the motion to dismiss.

In April, Sauvageau and Joyce Brady had circulated a petition to force a vote on the town board’s March 18 decision to transfer $2.55 million from the capital reserve fund to the general fund for the construction of the new town hall. The town has been leasing space in the former St. Patrick’s School.

In response, Sanderson, through Getman, filed objections to the referendum petition, alleging that the form and content was not in compliance with various legal requirements. These included a failure of the petition to require signers to affirm that their correct residence was next to their names and the failure of the witnesses to the petition to attest that each person who signed it had properly identified themselves to the witness.

Acting on Sanderson’s objections, Acting Supreme Court Justice W. Patrick Falvey held in May that certain requirements cited by Sanderson were “essential” under the New York State law, to insure that only qualified voters of the Town had signed the petition. These requirements were not met, Falvey held, and the petition for a referendum was “fatally flawed.”

In July, Sauvageau appealed Falvey’s decision. That triggered the September deadline to perfect the appeal.

Court tosses Seneca Falls town hall referendum

FingerLakes1.com

The New York State Supreme Court has thrown out a petition for a voter referendum on the proposed Seneca Falls town hall.

Ruling on an application from attorney Steven Getman, Acting Supreme Court Justice W. Patrick Falvey held Thursday (May 1) that the referendum petition was in violation of the New York State Election Law and Town Law.

Getman represented Seneca Falls town board member Chad Sanderson. Several weeks ago, Sanderson filed objections to the referendum petition, alleging that the form and content was not in compliance with various legal requirements. These included a failure of the petition to require signers to affirm that their correct residence was next to their names and the failure of the witnesses to the petition to attest that each person who signed it had properly identified themselves to the witness.

Town residents Joyce Brady and Susan Sauvageau had filed the petition. In their response, they argued that the petition had met the technical requirements for a referendum.

However, Falvey held that certain requirements cited by Sanderson were “essential” under the New York State law, to insure that only qualified voters of the Town had signed the petition.

Falvey also questioned Sauvageau on the fact she was a former town board member, whether she had been involved in addressing a prior referendum request and whether that demonstrated she should have been familiar with the requirements for bringing a referendum.

“The petition for permissive referendum is fatally flawed…and invalid,” Falvey concluded.

Getman noted that Sanderson had used his own money to fund the legal challenge to the referendum, thereby saving the taxpayers the cost of the special election.

The petitions sought a vote on the town board’s March 18 decision to transfer $2.55 million from the capital reserve fund to the general fund for the construction of the new town hall. The town has been leasing space in the former St. Patrick’s School.

The board held its first public information meeting April 23 on plans for the new municipal building. It is expected to decide in May whether a new building should be on a town-owned parcel of vacant land on Ovid Street or at a privately owned parcel where the now-demolished former Westcott Rule Co. plant stood at the corner of Spring and East Bayard streets.

According to reports, the town’s timetable calls for construction of the building to begin in October.

More on the case here.

Seneca Falls town hall petition challenge headed to court

Finger Lakes Times:

The challenge filed to the petitions asking for a referendum on the town’s use of reserve funds is heading to court....

The challenge was filed by Town Board member Chad Sanderson, who claims the wording of the heading on the petition was not proper and the petition should be nullified; 350 signatures were obtained asking for the referendum....

Sanderson has retained attorney Steven Getman of Ovid to argue in favor of the challenge.

More on the case here.