Lewis Family Farm, Inc. vs. APA
 

Lewis Family Farm, first to strike:

Jun 26, 2007      Lewis Family Farm's Summons & Complaint in a civil action against the APA seeking a declaration that the APA lacks jurisdiction over farm worker housing

APA follows:

June 27, 2007       APA Cease & Desist Order

APA ramps up:

Sep 5, 2007      APA's Notice of Apparent Violation against the Lewis Family Farm

Oct 4, 2007      Lewis Family Farm's Answer to the APA's Notice of Apparent Violation

Oct 31, 2007     Letter from APA Attorney Paul Van Cott to Attorney John Privitera seeking to settle with the Lewis Family Farm


Summarizes the whole ball of wax:  easy reading for the layman...

Nov 6, 2007     White Paper: Right to Farm






Dec 12, 2007     Affidavit of APA staff Douglas Miller in support of APA Staff's Request for Enforcement Committee Determination

Dec 12, 2007     Affidavit of APA staff John Quinn in support of APA Staff's Request for Enforcement Committee Determination

Dec 13, 2007     Affirmation of APA Attorney Van Cott in Support of Enforcement (with APA affidavits from the Lewis Family Farm's declaratory judgment action as exhibits)

Dec 14, 2007     APA's Memorandum of Law in support of APA Staff's Request for Enforcement Committee Determination

Dec 17, 2007     APA Staff's Notice of Request for Enforcement Committee Determination

Jan 17, 2008     Affidavit of Barbara Lewis in Support of the Motion to Dismiss the APA Staff's Request for Enforcement Committee Determination

Jan 17, 2008     Affidavit on Klaas Martens in Support of the Motion to Dismiss the APA Staff's Request for Enforcement Committee Determination

Jan 18, 2008     Affidavit of Attorney John Privitera in Support of the Motion to Dismiss the APA Staff's Request for Enforcement Committee Determination


Right to Farm in Champlain Valley of New York is massive - and spells out the case and the facts.  Prepared in the expectation APA would read it.  Coupled with Venn diagram and set theory, this is the case.  Our date was February 7th, 9 o’clock.  On the 4th, APA reset us to 3 p.m.  We were not able to make that - and were pushed to March 13th.  APA had 6 weeks to bone up.  Questions from APA board on the 13th revealed ignorance and suggested prejudice. Transcript of the APA's Enforcement Committee Meeting

For free DVD of APA Enforcement Committee Meeting from March 13th 2008, please call 518-522-1756 with your request or email sblewis@mac.com.


Jan 22, 2008     Lewis Family Farm's Memorandum of Law, Right to Farm in Champlain Valley of New York, submitted in Support of its Motion to Dismiss the APA staff's Request for Enforcement Committee Determination

                                       

Jan 22, 2008     Letter from Attorney John Privitera to Chairman Stiles requesting oral argument at the enforcement hearing

Jan 29, 2008     Affirmation of APA Attorney Van Cott in further support of APA staff's Request for Enforcement Committee Determination

Jan 31, 2008     Letter from Attorney Privitera to Chairman Stiles confirming that APA staff changed hearing time from 9:00am to 3:00pm

Jan 31, 2008     Further correspondence between APA staff and Lewis Family Farm's counsel concerning the hearing schedule

Feb 1, 2008     APA’s notice adjourning the hearing until March 13, 2008

Feb 21, 2008     Letter from NYS Farm Bureau to Governor Eliot Spitzer

Feb 26, 2008     Reply Affidavit of Attorney Privitera in Further Support of the Lewis Family Farm's Motion to Dismiss the APA staff's Request for an Enforcement Committee Determination

Feb 26, 2008     Reply Memorandum of Law in Further Support of the Lewis Family Farm's Motion to Dismiss the APA staff's Request for an Enforcement Committee Determination

Mar 3, 2008     Letter from Attorney Privitera to APA Enforcement Committee Chair Cecil Wray, Esq. requesting that the March 13, 2008 hearing be held at a time that takes a farmer’s daily schedule into account

Mar 4, 2008     Reply Affidavit of APA staff member Douglas Miller

Mar 5, 2008     APA Staff's Reply Memorandum of Law in Further Support of its Request for an Enforcement Committee Determination

Mar 5, 2008     Letter from APA Attorney Barbara Rottier denying request to hold the hearing in the morning


Adirondack Park Local Government Review Board Supports:

Mar 5, 2008     Adirondack Park Local Government Review Board's Resolution and Letter to Governor Eliot Spitzer, supporting the Lewis Family Farm


Mar 7, 2008     Letter from APA Attorney Rottier granting Lewis Family Farm’s request to videotape the March 13, 2008 hearing

Mar 13, 2008     Statement of Barbara Lewis submitted at the APA hearing


John J Privitera, Esq., gave a Slideshow to the APA:

Mar 13, 2008     Lewis Family Farm's PowerPoint slide presentation, "The Matter of Housing at the Lewis Family Farm and the Right to Farm in the Champlain Valley of New York", presented to the APA Enforcement Committee


Mar 13, 2008     Proposed Order Dismissing the Enforcement Action submitted at the APA hearing by the Lewis Family Farm

Mar 13, 2008     Minutes of the APA's Enforcement Committee Meeting

Mar 13, 2008     Right to Farm Manifesto Jan 22 08001.pdf

For free DVD of APA Enforcement Committee Meeting from March 13th 2008, please call 518-522-1756 with your request.

Mar 14, 2008     Letter from Attorney Privitera to Chairman Stiles enclosing a post-hearing brief to answer questions posed at the hearing

Mar 18, 2008     Letter from Chairman Stiles refusing to consider post-hearing brief


Result, APA ‘rules’ and covers its intent to straightjacket the farm:

Mar 25, 2008     APA’s Enforcement Determination against Lewis Family Farm

Apr 18, 2008     APA’s attempt to issue a “corrected” Determination, striking out the provision requiring the Lewis Family Farm to waive its right to challenge APA jurisdiction


Hon. Richard B. Meyer’s Decision & Order:

Nov 19, 2008     Decision and Order of Essex County Supreme Court (J. Meyer) Annulling the APA's March 25, 2008 Determination and Dismissing the APA's Duplicative Enforcement Action Against the Lewis Family Farm

 

In which we strike first, APA responds next day; in which the APA ramps up to attack Lewis Family Farm for erecting three of four farm worker houses, two of which are claimed illegally erected, three of which are attacked —APA demands eternal jurisdiction (which demand is subsequently scratched out in pencil) and asks $50,000 in fine; Adirondack Park Local Government Review Board supports.

file://localhost/M0207796-33.PDF

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

Photo: © 2008 Barbara A Lewis

The Court’s question:

AnsweredThe_Decision.html
AskedBoiled_Down.html
E2007-041
315-08315-08.html
332-08332-08.html
PressPress_Archives/Press_Archives.html
WelcomeWelcome.html
47-0747-07.html
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