A map highlights the BPU Substation property proposed for annexation, with the red line illustrating Tiffany Avenue, the border between the city and the town of Ellicott/Village of Falconer.

The Fourth State Appellate Court has ruled in favor of the City of Jamestown in regards to appeals filed by the Town of Ellicott in the Jamestown Board of Public Utilities’ annexation case.

Attorneys for the town of Ellicott argued in Appellate Court on January 4 that the city property assessor’s certificate for the Dow Street substation property did not satisfy state law for annexation. They argued that the property isn’t adjacent to the city line because a road separates the property from adjoining to the city boundary. Under state law, municipalities can only annex properties that are adjacent to their own boundaries.

This was an appeal of the ruling in Chautauqua County Supreme Court by Judge Lynn Keane in November 2020 that the property did meet state law requirements.

Jamestown Mayor Eddie Sundquist said the Fourth Appellate Court dismissed all the appeals on the matter and is now sending the case back to State Supreme Court, “And we are hopeful that once that happens a referee panel will be picked and the case will continue in its normal manner.”

Sundquist said the referee panel will hear the entire case for annexation.

City officials have argued that by annexing the property into the city limits, the Board of Public Utilities would save an estimated $160,000 each year in property taxes, thus saving money for all utility customers in the service area. They also claim such a move is in the overall public interest due to the city having a professional public safety department that could better respond to any safety emergencies that occur on the property.

Ellicott, Falconer, and the Falconer School District are all opposed to the annexation.

Attorneys for the town of Ellicott and City of Jamestown both discussed the issue of whether the property was eligible for annexation.

Previously, the town of Ellicott and village of Falconer had argued in State Supreme Court that the city property assessor’s certificate for the property did not satisfy state law.

However, Judge Lynn Keane had ruled in November 2020 that it did despite Ellicott attorneys arguing that the property isn’t adjacent to the city line because a road separates the property from adjoining to the city boundary. Under state law, municipalities can only annex properties that are adjacent to their own boundaries.

City officials have argued that by annexing the property into the city limits, the Board of Public Utilities would save an estimated $160,000 each year in property taxes, thus saving money for all utility customers in the service area. They also claim such a move is in the overall public interest due to the city having a professional public safety department that could better respond to any safety emergencies that occur on the property.

Ellicott, Falconer, and the Falconer School District are all opposed to the annexation, saying it is nothing more than a money grab by the city.

A map highlights the BPU Substation property proposed for annexation, with the red line illustrating Tiffany Avenue, the border between the city and the town of Ellicott/Village of Falconer.

The lawsuit involving the annexation of the Jamestown Board of Public Utilities Dow Street Substation property in the Town of Ellicott is set to start up again in State Appellate Court.

The Fourth Appellate Court will hold hearings on Tuesday, January 4th.

Mayor Eddie Sundquist said the lawsuit is between the City of Jamestown and Board of Public Utilities’ with the town of Ellicott, Village of Falconer, and the Falconer School District. He said there are still procedural issues being worked out, “One of the procedure issues ruled in favor of the city by the Supreme Court Judge here in Chautauqua County ultimately was appealed by the town of Ellicott and we’re not just hearing, the court is now just hearing it a year later. So it’s been on the docket for about a year for the Appellate Court and they’re finally getting to it.”

State Supreme Court Judge Lynn Keane‘s ruling in November 2020 did not involve whether or not the annexation is in the “overall public interest.” That argument can still be made by Ellicott and Falconer and it would have to be made in State Appellate Court

Sundquist said the city is waiting to hear if the court will impanel people for the referee panel to hear the annexation case.

City officials have argued that by annexing the property into the city limits, the Board of Public Utilities would save an estimated $160,000 each year in property taxes, thus saving money for all utility customers in the service area. They also claim such a move is in the overall public interest due to the city having a professional public safety department that could better respond to any safety emergencies that occur on the property.

Ellicott, Falconer, and the Falconer School District are all opposed to the annexation, saying it is nothing more than a money grab by the city.

Luz Torres

The Chautauqua County Legislature unanimously approved the appointment of Luz Torres as the Democratic Election Commissioner. Torres was the original name submitted by the County Democratic Committee back in October 2020, but was never acted on by the Legislature. In April, the State Supreme Court invalidated the appointment of Loren Kent as Election Commissioner as he did not have the backing of the County Democratic Committee.

Jamestown Democrat and Legislature Minority Leader Chuck Nazzaro said while the Democratic caucus doesn’t agree with Judge Keane‘s decision, they decided not to appeal, “We decided it is in the best interest of the Democratic Party to move forward and start the healing process. The caucus still believes that the process used by Democratic County Committee to recommend an Election Commissioner was flawed and they did not use proper procedures.”

Fredonia Legislator Christine Starks said she received countless calls, emails and visits from people on this issue. She said as a legislator, she takes her role very seriously, “Each vote reflects what I think is best for the county as a whole. And it is a difficult task to bring a divided group together. My sincere hope is that we can move forward with integrity. I’ve always supported women in leadership and I hope you’ll join me in supporting Luz Torres.”

The Republican caucus voiced support for the Democratic caucus in moving forward while also praising Torres’ experience and expertise. Luz Torres has been serving as acting Democratic Election Commissioner since March when Norm Green retired.

A map highlights the BPU Substation property proposed for annexation, with the red line illustrating Tiffany Avenue, the border between the city and the town of Ellicott/Village of Falconer.

MAYVILLE – A State Supreme Court Judge has made a procedural ruling regarding the case involving the annexation of the Jamestown Board of Public Utilities Dow Street Substation property in the Town of Ellicott.

On Friday, Supreme Court Judge Lynn Keane issued a ruling favoring the BPU as part of an Article 78 proceeding, with the Town of Ellicott and Village of Falconer challenging the certification process for moving forward with the annexation, along with whether or not the property even qualified for annexation.

Specifically, Ellicott and Falconer argued through their attorneys from Harris Beach PLLC that the annexation petition from the city does not comply in form and content with the requirements of the New York State Municipal Annexation Law and as a result, it ought to be vacated and annulled. The town and village argued that the city property assessor’s certificate for the property did not satisfy state law.  But Keane ruled that it in fact did.  She also ruled the property was eligible for annexation, despite Ellicott attorneys arguing that the property isn’t adjacent to the city line because a road separates the property from adjoining to the city boundary. Under state law, municipalities can only annex properties that are adjacent to their own boundaries.

The ruling does not involve whether or not the annexation is in the “overall public interest.” That argument can still be made by Ellicott and Falconer and it would have to be made in State Appellate Court, as explained in Section 712 of New York General Municipal Law:

“In the event that one or more but not all of the governing boards of the affected local governments shall determine that it is not in the over-all public interest to approve the proposed annexation, the governing board of any other affected local government may apply to the appellate division of the supreme court for adjudication and determination, on the law and facts, of the issue of whether the proposed annexation is in the over-all public interest.”

However, before making that argument in the State Appellate Division, the Town of Ellicott/Village of Falconer also has the legal option of challenging the recent Article 78 ruling through an appeal. If that happens, the matter will have to be argued in State Appellate Court before the main argument against the annexation – which is that it is not in “the overall public interest” – can proceed.

The annexation saga has been ongoing for the past several years.  City officials have argued that by annexing the property into the city limits, the Board of Public Utilities would save an estimated $160,000 each year in property taxes, thus saving money for all utility customers in the service area. They also claim such a move is in the overall public interest due to the city having a professional public safety department that could better respond to any safety emergencies that occur on the property.

Ellicott, Falconer, and the Falconer School District are all opposed to the annexation, saying it is nothing more than a money grab by the city.

As a result, the issue has to be taken up by the State Appellate Division in Rochester. The matter was already taken up by the appellate division once before, but in August 2019 it threw the case out on a technicality regarding the timeliness of the petition filing and as a result, it never ruled on if it was in the overall public interest.

The legal fees for the previous annexation approached a combined $750,000. The law firm Bond, Schoeneck and King is handling  the case for the BPU, but Mayor Eddie Sundquist has said this time they wont charge more than $75,000 from start to finish in this current annexation effort.

Grace Hanlon

BUFFALO – For the first time since 2003, a Chautauqua County attorney will be on the ballot for New York State Supreme Court on Nov. 8th.

Fredonia attorney Grace Hanlon, confidential law clerk to Chautauqua County Court Judge David Foley, was unanimously nominated by the 8th Judicial District Democratic nominating convention this week in Buffalo to be one of the party’s two candidates for two open spots this year.

Hanlon will be joining Orchard Park Town Justice Lynn Keane as the Democratic slate for Supreme Court.

The 8th Judicial District of the NY Supreme Court serves the eight counties of western New York that include Erie, Niagara, Chautauqua, Cattaraugus, Genesee, Orleans, Wyoming and  Allegany Counties.

Ever since Joseph Gerace, Sr. left the bench in 2003, an array of justices, mainly from Erie and Niagara counties, have made their way to the Mayville office of state Supreme Court to handle what’s considered the caseload of a full-time judge.

There are nearly one million registered voters in the 8th Judicial District and 75,000 come from Chautauqua County.  Democrats Hanlon and Keane will be facing off against the Republican endorsed candidates of Mary Slisz and Dan Furlong.