OSWEGO TOWN, NY – Developer Jeff Carson has been feuding with the town for many years regarding his 50 lots in a subdivision in the town.
He took his case to court and his petition was dismissed. And so, he appealed in the Appellate Division.
However, about a week ago, a decision was handed down affirming the lower court’s ruling.
Carson said it really isn’t a win for the town.
“They might think it is. But isn’t not,” he said.
The court dismissed his petition on the ground that “petitioners failed to exhaust their administrative remedies.”
The Appellate Division affirmed that decision.
“The record establishes that the court reserved decision ‘pending receipt of relevant maps,’ which it apparently received. The stipulated record on appeal, however, does not include any maps, and we therefore are unable to determine whether the Subdivision Regulations apply here. Thus, we ‘are unable to determine the merits of petitioners’ contention inasmuch as the record on appeal is incomplete,’” the court ruled.
“I exhausted my administrative remedies; I went to the planning board, zoning board, zoning board of appeals (twice),” Carson said. “That’s why I appealed. Now they’re telling me my appeal is incomplete because I don’t have some maps? What do maps have to do with whether I executed all my duties? Nothing!”
He said he has already proved that adding that he believes “they” are trying to run him out of time and money.
“Well, it ain’t going to happen; I’m not going away. I’m taking this to federal court,” he said. “They think they won. But, they didn’t. I won because I executed all of my duties and that’s what a federal court will say. I’m going to fight this to the end.”