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Mine owner
sues officials SAUGERTIES - A $1 million federal lawsuit against Saugerties town officials, including two former Town Board members, is pending after Gilbert Shott of Shott Rock Inc. filed the paperwork earlier this month. Shott alleges his Constitutional rights were violated as a result of town efforts to prevent him from mining bluestone on his Morse Road property. Specifically, documents filed June 13 in federal court allege violations of Shott's First Amendment rights resulting from official actions attempting to prohibit him from obtaining necessary permits and approvals. The lawsuit also alleges the town violated Shott's Fifth Amendment rights through actions that have resulted in the taking of his property without compensation. Named in the lawsuit are current town Supervisor Greg Helsmoortel, all the current Town Board members, town Code Enforcement Officer Paul Andreassen and former board members William Scala and Michael Sommers. "For two years the town has been taking retaliatory actions against me which prevent me from using my property," said Shott in a Friday press release. "The property has historically been used for a mine and consists of an extensive mine face and extensive accumulated tailings." Shott and the town have two legal matters currently pending in state courts. In October 2001, Saugerties officials passed a zoning law amendment that prohibited mining within a residential zone. Shott Rock is a residentially zoned property. Shott sued the town over the law, charging that it constituted a taking of his property, and that it did not comply with the town's Comprehensive Plan or the state Environmental Quality Review Act, according to Kathleen Bennett, an attorney at the firm of Bond, Schoeneck & King, representing Shott and Shott Rock. The state Supreme Court ruled against Shott, who appealed and is awaiting a decision from the Appellate Division of state Supreme Court. When Schott continued to remove palletized stone from the property, the town issued a stop-work order and had its lawyers seek a temporary restraining order from the court. State Supreme Court Justice Vincent Bradley issued the order, but later amended it to allow Shott to remove the remaining palletized stone from the property if he posted a $50,000 bond with the town to cover potential truck damage to Morse Road or the water system beneath it. The order did not allow for mining on the property. "Mr. Shott is bringing a lawsuit in federal court with respect to same matters litigated in state court and in matters to be argued before the (Zoning Board of Appeals)," said Town Attorney John Vagianelis of Roemer, Wallens & Mineaux. "The long and short of it is, he's trying to get second bite at the apple and have a second court entertain same claims the state court found against." The town Zoning Board of Appeals will hold a public hearing on Shott's appeal of the town's determination that the mining operation was not a pre-existing non-conforming use and a pre-existing business use of the property. Shott maintains the site has always been used for mining and should be grandfathered and exempt from the town's law prohibiting mining on the property. The public hearing was rescheduled from July 7 to Aug. 4 at 7 p.m. at the Frank Greco Senior Center. Vagianelis said U.S. Magistrate Randolph F. Treece set a conference date on the federal suit for Oct. 1 at the U.S. District Court, Northern District of New York, in Albany.
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