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Local homeowner responds

January 3, 2011
Lake Placid News
To the editor:

First thing is that the only reason my flag flies upside down and the signs are on my house is because of the way this second legal “council” for the village has been able to drag this case out. The legal term is called “Litigation.” Congress calls it a “fillerbuster.” It’s the ability to drag things out longer than your opponent can pay for. To the common man it is called dirty, cheap, underhanded, etc. I had called the New York State Ethic’s board and was informed that they do not have any jurisdiction over any towns or municipalities, only state officers. And yes, they do have rules governing state officials in matters like this.

I’ll back track for one moment to make sure that you see the whole picture. In October 2009, Essex County Supreme Court Justice Hon. Robert J. Muller had told both parties, my lawyer and the village “7,” that this had dragged on long enough, to get all the paperwork in and give me my day in court. This past Oct. 10, my lawyer had informed that the village had filed their own suit against the construction company that did the work. Then their legal team sent my lawyer over 500 pages of motions and briefs, all demanding the same paperwork that we had already given to the village’s team — only they would not accept copies and wanted up-to-date paperwork.

Well, this was the last straw for my lawyer. He asked me to find someone else to take over for him. It was just too much. After contacting a few different lawyers through out New York, I found out two things: my home is not valuable enough for any lawyer to take half for and that this was the standard ploy for big business to keep out of court for fear of losing.

As for the village attorney, why wasn’t the construction company involved from the beginning? Why did the village insurance company switch lawyers mid stream? Why did the tax assessors devalue my property in 2006 by $50,000 after seeing my swamp?

I challenge village officials to come down, look at my swamp and tell me that this was a pre-existing condition.

Neither one of the french drains installed by the village was to “redirect” any water. It has already bubbled up from under my foundation. The only purpose of the drains was to dry up my backyard, hence the straight line from my house to the river.

Of course this plan shows the kind of for-thought the village engineer put into the whole job. Where was the excess water from the old sewer line that was over working our newly up-dated sewer treatment plant going to go? What happens when you allow water to flow easer from under a foundation? Erosion.

So in closing, the ploy of dragging this out and overworking my lawyer has left me no choice but to put all of this out in the court of public opinion. I have video.

Donald Beaney

Lake Placid


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