Lewis Family Farm, Inc. vs. APA
 

Jan 12, 2007  Plaintiffs' Summons and Verified Complaint

Jan 12, 2007  Affirmation of Darrell W. Harp, Esq., in Support of Plaintiffs' Order to Show Cause for a Preliminary Injunction

Jan 12, 2007  Affidavit of James Morgan in Support of Plaintiffs' Order to Show Cause for a Preliminary Injunction

Jan 18, 2007  Order to Show Cause of Hon. James P. Dawson, J.S.C.

Feb 8, 2007  Affidavit of Dennis Egglefield in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 9, 2007  Lewis Family Farm's Memorandum of Law in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 9, 2007  Lewis Family Farm's Memorandum of Law in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 9, 2007  Affidavit of Todd Deyo in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 9, 2007  Affidavit of Marco Turco in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 9, 2007  Affidavit of Michael E. Pratt in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 10, 2007  Reply Affirmation of Darrell W. Harp, Esq., in Further Support of Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 14, 2007  Sur-Reply Affirmation of David L. Cook, Esq., in Further Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 14, 2007  Lewis Family Farm's Sur-Reply Memorandum of Law in Further Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Feb 12, 2007  Affidavit of Fred Watrous in Opposition to Plaintiffs' Order to Show Cause for a Preliminary Injunction

Mar 7, 2007  Verified Answer of Defendant Lewis Family Farm, Inc.


In which Judge Mark L. Powers rules from the bench and the Town of Essex loses, see last pages

Apr 4, 2007  Transcript of hearing regarding Plaintiffs' application for preliminary injunction and Court decision denying preliminary injunction


Sep 18, 2007  Exhibits from September 18, 2007 Depositions

Sep 18, 2007  Transcript of Examination Before Trial testimony of Eugene Benway

Sep 18, 2007  Transcript of Examination Before Trial testimony of James Z. Morgan, Jr.

Sep 18, 2007  Transcript of Examination Before Trial testimony of Ronald E. Jackson


In which Eugene Benway misrepresents in open court, under oath, admits same to me and simultaneously is taped, unbeknownst to me, by reporter Whitney Jackson of Valley News, Denton Publications, whose recording was given by John Gereau, Managing Editor, as state’s evidence to the State Police of Lewis.  This tape and its message are subsequently ignored by the DAs of Essex County and Schenectady County.  Whitney Jackson was terminated at Valley News shortly after her tape was turned over to the State Police.  Mr. Benway was driven to and from court October 16th by Ronald E. Jackson, Supervisor, Town of Essex.  Mr. Jackson asked to remain in court as witness Benway testified in Schenectady.  All other witnesses were banned from that court unless they were testifying.

Oct 16, 2007  Transcript of trial testimony of Eugene Benway - See page 9 line 17 & page 26 line 20

For extracts, see: Examination by Harp and Cross Examination by Brennan

Oct 26, 2007  Post-Trial Memorandum of Law of Plaintiffs Town of Essex and James Z. Morgan, Jr.

Oct 29, 2007  Post-Trial Memorandum of Law of Defendant Lewis Family Farm, Inc.


Hon. Mark L. Powers issues the Court’s Opinion and Order, followed by the Town’s Notice of Appeal, not perfected.

Feb 1, 2008     Decision and Judgment of the Hon. Mark L. Powers, Acting Supreme Court Justice

Feb 26, 2008  Notice of Appeal to Appellate Division, Third Department of plaintiffs, Town of Essex and James Z. Morgan, Jr.

Jun 16, 2008  Lewis Family Farm's Motion to the Appellate Division to Dismiss the Plaintiffs' Appeal (Notice of Motion to Dismiss Appeal and annexed Affidavit of Joseph R. Brennan)

Jun 20, 2008  Lewis Family Farm's Motion to the Appellate Division to Dismiss the Plaintiffs' Appeal (Notice of Motion to Dismiss Appeal and annexed Affidavit of Joseph R. Brennan)

Jul 18, 2008  Decision and Order of Appellate Division, Third Department, dismissing appeal unless Appellants, Town of Essex and James Z. Morgan, Jr., file and serve Record and Brief on or before 9/16/08

The etiology:  Frank Cross, father of Herrick Cross Sr., grandfather to Ronald E. Jackson and Herrick Cross Jr., owned and passed on 115 acres that holds the Lewis Family Farm pasture, cattle facilities and sugar bush.  Lewis Farm bought this land from Cross Jr.  For years, Mr. Jackson called most every day, without invitation, to load firewood to our kitchen without request and to talk.  With funding and our help, he ran the farm’s sugar bush, cut firewood for himself and others, and hunted.  Later, banned for his destruction three years running to soils of the wooded area of the sugar bush, Mr. Jackson seeks the press to express himself - about his former host.  Mr. Jackson reported the farm worker housing to the APA,  housing approved as farm-use in permits granted by David Lansing, the Town of Essex Code Enforcement Officer, appointed by Mr. Jackson annually.  Mr. Jackson advocates against us at the APA and in the press.

Twice in two years we addressed Mr. Jackson’s wanton destruction with farm quarry rock and heavy equipment, ultimately installing 5 miles of deep set rock roads and drainage at great cost to the farm, roads planned with advice from Mr. Jackson to address his damage over the years.  As a third winter brought more destruction, we arrested massive erosion again, closed the bush to Mr Jackson, stopped his cutting, ended his hunting and said why.  Mr. Jackson vanished. He did not offer to contribute toward the cost of his activities.  His sense of entitlement was clear, but the logic behind the destruction repeated was not.  During the period of his frequent, unannounced and uninvited visits, his ‘occupancy’ of our lands, Mr. Jackson’s hatred of the APA was his mantra: the APA’s goal was to end life in the Adirondacks for the indigenous; he hated ECHO and Bob Hammerslag, hated government interference in the community, supported farming and us.  We funded The Town of Essex to cover mischief litigation brought by Bob Hammerslag and ECHO, much as we had funded ECHO’s litigation years earlier, before we learned ECHO’s intent. Our support of Essex includes paving public road with asphalt, a pumper, jaws of life and other equipment for the volunteer unit, endowment for a health care facility, and many others.  When Mr. Jackson asked us to provide wood to heat the neighborhood in a public solicitation circulated, we declined. 

In a small town there are many issues.  Some are openly criminal, others are not.  Secrets do not last, facts do not lie.  In due course, we may post more of this to this site.  We require no research, documents, or facts.  We lack the time. 

The road case brought by the Town of Essex died on the 16th of Sept, 2008 as noted below. Perhaps the record of this litigation will be destroyed by the Town of Essex as, it appears, the record of the Moratorium of November 5th, 1998, was destroyed.  Records of the Town of Essex are not under lock and key.

© 2008 Lewis Family Farm. All Photos © Barbara A Lewis, except where otherwise noted. All rights reserved.

Photo © 2008 Barbara A Lewis

In which Ronald E. Jackson, Supervisor, Town of Essex, takes our Town into losing litigation with Lewis Family Farm - Hon. Mark L. Powers rules twice - over farm roads built to take slow farm traffic off Town and County of Essex roads, four worthy neighbors submit affidavits in our support, and a Town highway employee misrepresents in Court under oath, driven to and from Court by Mr. Jackson. 

In  which the Town of Essex neglects to inform its citizens of the outcome of litigation costly to the Town.  We will post the legal costs taxpayers will pay. 

When asked, Mr. Jackson said he brought the Town action because the Lewis Farm was planning to litigate the Wollastonite mining tailings that pollute air, water and fields, irritate the skin and lungs of residents, called itchy dust by neighbors.  The Lewis Farm brought no such litigation and had no such plan. 

For over two hundred years, field equipment and farm vehicles throughout the area have reached the public roads, entering and exiting farm fields and farm houses in patterns known by all, established by habit.  Over 1,200 acres, in three towns, our points of entry, and there are many, are indicated and known.  Since our arrival in 1978, we have altered few and established others.  There has never been a question.  Our farm rock roads have significantly reduced use of the public way by our slow moving field equipment.  In meetings with James Z. Morgan Jr., and others, a general understanding, recorded now in our records, established our course and ratified our existing methods.  Nothing was changed.  Plans were discussed.  The letter from Darrell W. Harp Esq., followed his last appearance for the Town of Essex.


Jul 19, 2008    Harassment: Town employs counsel to threaten the farm.


More to come... We are culling from 450 pictures, hoping to get to 20 that tell the story.

See Press on the back page.

Photos © 2008 Barbara A Lewis

In which the Town of Essex counsel in the road case, Darrell W. Harp, Esq., sole practitioner, threatens Lewis Family Farm with prosecution on behalf of his client for the Farm’s use of openings to fields and farm worker housing, to and from the public way:  the subject of the Town’s counsel’s letter and this matter became the subject of, and was resolved to the satisfaction of all, at a meeting among Supervisor Ronald E. Jackson, Highway Supervisor, James Z. Morgan Jr., Town of Essex, farmhand Greg Fessette, farm manager, Marco Turco PhD, and owner, Barbara Lewis, of Lewis Family Farm, Inc.

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Press

E2007-041E2007-041.html
315-08315-08.html
332-08332-08.html
PressPress_Archives/Press_Archives.html
WelcomeWelcome.html
47-07
Other APA
CasesOther_APA_Cases.html
Motion for FeesMotion_for_Fees.html
The $50K
Caper50K_Caper.html
Early
DocumentsEarly_Documents.html
498-07498-07.html
1998-19991998-1999.html
Cases
ExplainedCases_Explained.html
The
AppealThe_Appeal.html
The DecisionThe_Decision.html
EpilogueEpilogue.html