BENEKE v. TOWN OF SANTA CLARA


19 Misc.3d 591 (2008)

855 N.Y.S.2d 868

J. DAVID BENEKE, Individually and as Trustee of the J. DAVID BENEKE TRUST, Plaintiff, v. TOWN OF SANTA CLARA et al., Defendants.

Supreme Court, Franklin County.

March 13, 2008.


Attorney(s) appearing for the Case

Briggs Norfolk LLP (Matthew D. Norfolk of counsel), for plaintiff.

Sonneborn, Spring & O'Sullivan, P.C. (James L. Sonneborn of counsel), for Town of Santa Clara and others, defendants.

Andrew M. Cuomo, Attorney General (Lawrence A. Rappoport of counsel), for Erin M. Crotty, as Commissioner of Department of Environmental Conservation, and another, defendants.


OPINION OF THE COURT

DAVID DEMAREST, J.

Currently before the court is an application by the defendant, Town of Santa Clara, for an order finding plaintiff in contempt of court, assessing attorney's fees and fines pursuant to Executive Law § 382 (2) and permanently enjoining the continued existence of a structure on plaintiff's property. The Town seeks to recover at least some of the money it has expended for legal fees over the past five years in its...

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