IMPORTANT LCA UPDATE

Avon and Town of Thompson Appeal Order Approving Referendum (Vote) of Community Regarding Proposed Extension of Sewer District for Benefit of Avon Park Distribution Center

Dear LCA Supporters,

​As you may recall, the LCA is actively seeking to prevent the Town of Thompson (ToT) from extending the Emerald Green Rock Hill Sewer District to the proposed massive 561,000 square-foot Avon Park Distribution Center on Rock Hill Drive.

As previously reported, the NYS Supreme Court granted the LCA’s application to overturn the Town of Thompson’s decision denying our petition for a referendum on the proposed extension of the sewer district for the benefit of the Avon Distribution Center and the Court ordered that a referendum of the community be scheduled.  The Town of Thompson and the developer, Glen Wild Company, then appealed that decision. 

On November 20^th, the appeal by the Avon developer and the Town of Thompson of the court order granting the LCA’s petition for a referendum of the community regarding the extension of the sewer district is scheduled on the 1PM calendar of the Appellate Division, 3^rd Judicial Department, in Albany.  You may watch the proceedings live by going to:

 https://www.nycourts.gov/ad3/ 

and clicking on the “Live Session Webcast" link. If you want to attend in person, directions to the court may be found at:

 https://www.nycourts.gov/ad3/about/directions.shtml

The oral argument of the case is currently the third matter on the calendar and LCA attorney Steven Mogel, Esq. will be representing our position.  We urge all supporters to log in and see your contributions in action. Your virtual presence helps demonstrate the strength of our community opposition.

We need your support in opposing this harmful project.  Here's how you can help:

Contribute financially: Because we are facing politically and financially powerful opponents, our commitment to ensuring responsible development—especially in the face of deep-pocketed opposition—requires significant resources. Please consider donating to the LCA to help us continue to protect Rock Hill and the Lake Communities by going to our website. It’s quick and easy. https://rhlca.org 

Here's a recap of the sewer referendum process and the current legal situation:

The developer appealed the decision granting our demand for a referendum on the developer’s application for extension of the sewer district. The developer challenged the judge’s ruling that a) we are entitled to a referendum of residents in the community because the Planning Board applied the correct section of relevant law, and (b) we are entitled to a referendum of residents concerning the developer’s application for extension of the sewer district because sufficient valid signatures of residents were obtained on the petition seeking the referendum.

The developer had argued that the Planning Board applied the wrong section of the relevant law and that the relevant section of the law does not permit a referendum.  Additionally, the developer argued that even if the Planning Board applied the correct section of the law, not enough valid signatures were obtained because the witness to a large number of those signatures of the petition seeking the referendum didn’t properly sign her name.  The trial court ruled that (a) the proper section of the law was applied and (b) the error, if any, was de minimus, a legal doctrine by which a court refuses to consider trifling matters. 

Again, please have your voice heard by attending the hearing either virtually or in person and donating today.

Together, we can make a difference.

The Lake Communities Alliance