Update: All About the Lawsuit

As most Schoharie residents are aware, Cobleskill Stone Products (CSP) has sued the town of Schoharie over provisions in the new Land Use Law that prevent CSP from expanding its mines beyond the existing industrial zones. Such “Article 78” suits must be filed within a 30-day time period after an official governmental action, such as passage of the Land Use Law.

What is at stake in the law suit? Well, land use law attorneys have clarified for SOS that an Article 78 proceeding cannot force Schoharie to approve zoning that allows the mine expansion. A court can at most only find fault in the process used in developing and approving the Land Use Law and require the town to redo its process to address any deficiencies found by the courts. In the end, the town can readopt the same provisions.

The town is in a good position to defend itself in the lawsuit, so what is the worst case scenario? (1) The town loses the suit and must redo part of the process. And (2), the town spends a lot of money in legal fees.

Why would CSP file a suit when even winning the case would not require the town to approve the mine expansion? We cannot claim to know the intentions of CSP, but lawsuits are often filed in order to force a defendant to negotiate to avoid the significant legal expenses of a court case. As the town considers its options, it would be wise to remember that New York provides substantial power to municipalities to zone land according to the needs of the community’s future, and that they are not required to permit owners to use land simply to maximize profit. The town’s Land Use Law is balanced and well-founded and there is no reason for the town to be intimidated by a lawsuit.

The Ads and Flyers Against the Adopted Land Use Law

The whole town read with interest the full-page display ad in the January 12 issue of the Times Journal with the header “Support Your Local Business.” This ad was followed by mailed flyers complaining about the adopted Schoharie Land Use Law (LUL).

Before such efforts result in divisions in our community, we should realize that we all seek a livable, attractive, healthy, economically sustainable Schoharie – a Schoharie in which taxes are affordable, jobs are available, schools are good and the quality of life is sufficient to retain and attract a wide variety of residents and businesses. We will succeed or fail in direct proportion to how well we work together and must avoid community splits.

That said, it is safe to say that we will never completely agree on how that is best achieved. This is why we have a representative form of government charged with making the difficult community decisions between competing interests for the greater good of all. In Schoharie, representative government has been well reflected in a multi-year effort by the town board to develop a Land Use Law that helps achieve the adopted comprehensive plan prepared earlier with the input of all interested parties. Not only are we blessed in Schoharie with a uniquely-cooperative relationship between town and village but we have been well served by a careful, deliberate, open process of the town to develop the Land Use Law.

Those who participated in the Land Use Law process can form their own opinions about it being “unduly influenced by a vocal minority.” Having several hundred people attend public meetings in support of the draft law is certainly indicative of very broad support. In any event, every candidate (successful or unsuccessful) in the recent elections for supervisor and town board provided written statements expressing his or her support for preserving and/or strengthening the adopted Land Use Law. In a representative form of government, this is about as conclusive as it can get.

All parties should keep in mind that those who support the adopted Land Use Law – residents, business owners and elected officials alike – do not seek any economic misfortune for Cobleskill Stone Products (CSP). By its own assertions, CSP has decades of reserve within the permitted mine in the village. The concern reflected in the Land Use Law is not whether there is room in Schoharie for mining – there is room, and it is accommodated. The concern is whether the community itself would be sustainable if mining were unlimited, allowed and permitted whenever and wherever requested by industry. Should the town ever consider modifying the Land Use Law to expand the area zoned and permitted for mining, the community should realize that Cobleskill Stone (or possibly a future owner with less community sensitivity than CSP) would then have authorization to mine it all in as rapid and as intensive a manner as they see fit. The town and village would have little or no say at that point.

The adopted town law is a remarkable example of good government balancing competing needs and providing the opportunity for a wide variety of economic initiatives – industry, commerce, tourism, agriculture, retail -- to flourish. We should work hard to make sure that all these initiatives do.