© 2008 Lewis Family Farm. All Photos © Barbara A Lewis, except where otherwise noted. All rights reserved.
In standing up to the APA and the Attorney General of the State of New York, the Lewis Family Farm has been forced to litigate in four complex cases. We explain the cases here: each involves the farm’s need to house its workers and the APA’s wish for jurisdiction.
There is no arguing that farm worker housing and APA jurisdiction sit at the center of this dispute. On June 26th, 2007, the Lewis Family Farm Inc., commenced a declaratory judgment action against the APA in the Essex County Supreme Court (Index No. 498-07), seeking a declaration that the APA lacked jurisdiction to regulate farm worker housing. Why? The APA had come with an “extortive” offer to “settle” with the Lewis Family Farm for building as directed by the Town of Essex, absent a permit from the APA: the APA offer required a $10,000 fine and agreement to perpetual APA “jurisdiction” in an action that would have impaired title to 1,200 LFFI acres in perpetuity. That offer would have taken from the farm its ability to contest the APA in court. This is denial of due process. Judge Meyer questioned this. The AG scratched out that part, in pencil, days later.
On March 13, 2008, the APA Enforcement Committee issued a Determination requiring the Lewis Family Farm to submit to eternal APA jurisdiction and pay a $50,000 penalty. Following the Court’s guidance, shortly thereafter on April 8, 2008, the Lewis Family Farm commenced an Article 78 proceeding in the Essex County Supreme Court (Index No. 315-08), seeking judicial review of the APA's erroneous Determination. Days later, on April 11, 2008, the Attorney General commenced a duplicative enforcement action in the Essex County Supreme Court (Index No. 332-08), seeking to enforce the APA's Determination against the Lewis Family Farm, and brought the case against Sandy and Barbara Lewis individually, simultaneously. LFFI is a corporation; Sandy and Barbara own LFFI’s shares.
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1) To obtain the right to use its farm worker housing.
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2) To direct to escrow at the County of Essex rather than the APA a sum of $50,000, pending judicial decision.
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3) To appeal Hon. Kevin K. Ryan's Decision and Order, which in dicta as detailed in our briefs improperly stated the APA had jurisdiction over farm worker housing.
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4) To oppose the Attorney General's recent appeal of Hon. Richard B. Meyer's Decision and Order that dismissed the APA's argument that Hon. Kevin K. Ryan's improper advisory opinion was binding on the Lewis Family Farm.
Now, at last, these cases are “ripe for judicial determination” - after twenty one months of briefing, hearings, and over 175 documents posted for your review. The message is clear: The APA and Andrew Cuomo, the Attorney General of The State of New York, will not allow the citizens of the North Country to resist extortive process from an appointed body that is plainly out of control – absent prohibitive cost and stress.
Essentially, we live without due process.
For a concise summary of the chronology of the cases, see text of motion, Case No. 504696, Appellate Division, Third Department.
For the banality of the APA and Loretta Simon, (Case No. 504696, Appellate Division, Third Department):
