Douglas v. Adirondack Council
State Court Action
In which plaintiffs allege that defendants used personal, political, and financial influence to manipulate APA administrative enforcement process in connection with plaintiffs and procure APA breach of settlement agreement with plaintiffs.
Amended Verified Complaint – In which plaintiffs cite history of settlement with APA of enforcement action E2005-200, and allege subsequent tortious interference with contract by defendants.
Exhibit A – Settlement Agreement, dated November 9, 2006, between APA and The Douglas Corporation in connection with APA enforcement proceeding, file number E2005-200
Exhibit B – APA Notice of Hearing and Complaint, dated August 13, 2007, file number E2007-47
Exhibit C – Plaintiffs’ Answer to APA E2007-47 Complaint, dated September 10, 2007
Exhibit D Part 1, Exhibit D Part 2 – All papers submitted by APA in support of its motion for an order without hearing in connection with file number E2007-47, to wit:
Notice of Motion for Agency Order Without Hearing, dated January 25, 2008
Affidavit of Mark Rooks, sworn to January 24, 2008, with exhibits
Affirmation of Paul Van Cott, Esq., affirmed January 25, 2008, with exhibit
Memorandum of Law in Support of Agency’s Motion for an Agency Order Without Hearing Pursuant to 9 N.Y.C.R.R. §581-4.16
Reply Affidavit of Douglas Miller, sworn to March 27, 2008, with exhibit
Reply Affidavit of Daniel Spada, sworn to March 26, 2008, with exhibit
Reply Affidavit of Brian Grisi, sworn to March 26, 2008, with exhibits
Reply Affidavit of Susan Parker, sworn to March 26, 2008
Reply Affidavit of Mary O’Dell, sworn to March 25, 2008
Reply Memorandum of Law in Support of Agency Staff’s Motion for an Agency Order Without Hearing Pursuant to 9 N.Y.C.R.R. §581-4.16
Exhibit E – APA’s Ruling Pursuant to 9 N.Y.C.R.R. §581-4.9
Exhibit F – Email dated March 22, 2007 believed to be from Brian Ruder to APA employee Douglas Miller, copy to Paul Van Cott, Esq., urging APA enforcement, to impose master development plan, serve plaintiffs with notice of failure to comply, notify Town of Black Brook of violations and advising against permits for plaintiffs and attempting to revoke APA’s non-jurisdictional letter to plaintiffs. In redacted form.
Exhibit G – Email dated March 21, 2007 believed to be from Brian Ruder to APA demanding action against plaintiffs by “stepping in” to “claim jurisdiction” and stop subdivision. In redacted form.
Exhibit H -- Letter dated April 7, 2008 from Adirondack Council, Inc., by Scott Lorey, on behalf of Brian Ruder, to APA Commissioner Cecil Wray, and Paul Van Cott, Esq., urging APA to prosecute plaintiffs and impose maximum fines
US Northern District Action
In which plaintiffs allege that defendants conspired and worked together to violate plaintiffs constitutional and civil rights by denying due process and equal protection, allege malicious prosecution of APA enforcement proceeding, abuse of process of APA enforcement proceeding, intentional and reckless supervisory misconduct, conspiracy, intentional and reckless infliction of emotional distress, prima facie tort, breach of contract, malicious prosecution of criminal action, and violation of first amendment rights.
Complaint (Trial by jury demanded) – in which plaintiffs allege repeated abuse of government power through symbiotic relationship and ex parte communications between APA and environmentalist groups and individuals seeking to instigate enforcement and criminal proceedings against plaintiffs for personal gain.
Exhibit A – Notice of Intention to File Claims, dated February 5, 2010, served upon New York State Attorney General’s Office with related affidavit of service
Exhibit B -- [SEE EXHIBIT A IN STATE COURT ACTION]
Exhibit C – [SEE EXHIBIT F IN STATE COURT ACTION]
Exhibit D – [SEE EXHIBIT G IN STATE COURT ACTION]
Exhibit E – [SEE EXHIBIT B IN STATE COURT ACTION]
Exhibit F – [SEE EXHIBIT C IN STATE COURT ACTION]
Exhibit G Part 1, Exhibit G Part 2 – [SEE EXHIBIT D IN STATE COURT ACTION]
Exhibit H – [SEE EXHIBIT H IN STATE COURT ACTION]
Additional documents
Transcript dated September 29, 2009, of Paul Van Cott, Esq. voice messages to Matt D. Norfolk, Esq. -- In which, plaintiffs allege, APA lawyer attempts to intimidate and prevent plaintiffs from going forward with motion to dismiss, and attempts to force plaintiffs into entering another settlement agreement and admit wrongdoing.
