Presidential Acres residents appealing court's decision throwing out complaint over use of driveway on Fillmore Street
An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.
The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.
They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.
In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.
In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice."
He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.
At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.
After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance.
"It's not really our fight," he said.
Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.
After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.
Pete McQuillen and Judith McQuillen were in court this morning as observers.