Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Code Enforcement topic
No spam. Unsubscribe anytime.
La Grange ratifies law-firm engagement for post-judgment work in long-running 36 Gem Mountain enforcement case
Summary
After a multi-year enforcement effort involving injunction and contempt proceedings, the La Grange Town Board ratified Vanderwater & Vanderwater for post-judgment proceedings in the 36 Gem Mountain case; town counsel said major debris and heavy equipment were removed but stormwater remediation (SWIP) obligations remain.
The La Grange Town Board on Feb. 18 ratified legal work by the firm Vanderwater & Vanderwater for post-judgment proceedings related to a multi-year enforcement action at a property identified as 36 Gem Mountain, owned by Danielle Mashiah and an entity referred to in the transcript as 36 Gem Mountain LLC.
Town counsel provided a detailed history of the case: initial zoning enforcement and a justice-court prosecution led to a guilty plea but not full compliance; the town pursued a Supreme Court injunction to obtain compliance and later sought contempt remedies when the court order was violated. Counsel said the litigation produced an injunction requiring removal of debris, heavy equipment and remediation of polluted material and a stormwater pollution prevention plan (SWIP) to address erosion from more-than-one-acre disturbance.
Counsel told the board that recent site work appeared to remove major items — tractors, broken equipment and two storage containers — based on an engineer's report, but that SWIP-related remediation and erosion fixes remain outstanding. He also said the court awarded partial attorney-fee relief to Vanderwater & Vanderwater (about $35,000) that will be converted to a judgment and may become a lien on the property when sold.
The board approved a resolution ratifying Vanderwater & Vanderwater for post-judgment proceedings to preserve the town's authority to pursue contempt, remediation and fee recovery if needed. Town counsel said further court appearances were scheduled, that the defendant had pursued substantial motion practice, and that the town had coordinated with the district attorney's office for related justice-court matters.
Kyle (town attorney) summarized the remaining steps: completion of the SWIP, remediation to fix erosion problems cited in the order, and potential additional litigation or contempt proceedings if the work is not completed. The resolution passed by voice vote.
Next steps: town counsel and Vanderwater & Vanderwater will proceed with post-judgment enforcement as necessary and the town will convert the awarded fees to a judgment lien as provided by the court action.
