HomeMy WebLinkAboutI - 06 Bond Schoeneck & King CorrespondenceBOND SCHOENECK&KING
One Lincoln Center I Syracuse,NY 12302-1355 I bsk.com
KEVIN M.BERNSTEIN,ESQ.
kbernstein@bsk.com
P:315.218.8329
F:315.218.8429
January 4,2022
VIA ELECTRONIC MAIL
Town Board
Town of Cortlandville
3577 Terrace Road
Cortland,New York 13045
Re:Further Comments on the Proposed Local Law Amending the Town of
Cortlandvil/e's Zoning Code to Further Safeguard the Existing Wellhead Protection
Areas within the Town of Cortlandville's Aquifer Protection District
These comments are submitted on behalf of RT 13 Rocks,LLC (RT 13 Rocks)and
Cortlandville Sand &Gravel,theowners of a property on NY-13 upon which it operates a
sand and gravel mine.We have submitted previous correspondence with respect to the
proposed amendment to the Town's Zoning Law which would,among other things,
prohibit "expan[sion]into and below the water table""of mines within Wellhead Protection
Area Zone 1A (the "Proposed Amendment")"unless such expansion or operation below
the water table was previously permitted by the NYSDEC prior to the enactment of this
provision.?"
The Cortlandville Sand &Gravel mine ("Mine")is within Wellhead Protection Area Zone
1A.And,while this Proposed Amendment is in direct conflict with existing laws as iterated
in our previous correspondence,we are submitting this letter to drive home the reality of
another fact:RT 13 Rocks,LLC,will be forced to seek compensation for any economic
damages,including lost revenue,resulting from the adoption of the Proposed Amendment
should,for some reason,the Proposed Amendment be upheld by a court.
RT 13 Rocks has invested significant resources into the maintenance and operation of
the Mine.These investments were made,and continue to be made,because the Mine
has been legally operating on the property.These distinct investment-backed
expectations,and the extent of the interference caused by the proposed restrictions,
would be analyzed by a court to determine the existence of a regulatory taking.Clearly,
the restrictions within the Proposed Amendment will greatly interfere with RT 13 Rocks'
ability to continue to mine.
1 Town of Cortlandville Proposed Local Law No._of 2021 filed October 26 2021,with the Town of
Cortlandville Town Clerk.
2 Id.
Attorneys At Law I A Professional Limited Liability Company
Town Board
Town of Cortlandville
January 4,2021
Page 2
Further,the Mine has been in operation for decades,which for reasons described in
previous correspondence,solidifies Rt 13 Rocks'property right to continue to do so.The
duration of mining on this property demonstrates that mining is the highest and best use
for the parcel and the property has been adapted as such.Courts have found that an
ordinance is invalid if,when enforced,the consequent restrictions upon the property
preclude its use for any purpose to which it is reasonably adapted.If this law is adopted,
RT 13 Rocks will seek compensation for damages incurred as,after decades of mining,
the land has been adapted for that purpose.
Finally,the Proposed Amendment,prohibiting any mining expansion,would destroy the
parcel's economic value.Therefore,RT 13 Rocks will be entitled to compensation for this
diminution in value as the Town may not take private property without compensation.
Enactment of the Town's Proposed Amendment would effectively deprive RT 13 Rocks
of its ability to mine and sell approximately 8,500,000 cubic yards.This amounts to
damages that could run in the hundreds of millions of dollars.
Sincerely yours,
BONDS OENECK &KING,PLLC.·-M
Ke in M.Bernstein
KMB/amr
cc (via electronic mail):
Thomas Williams,Supervisor tawilliams@cortlandville.org
Theodore Testa,Councilperson
Jay Cobb,Councilperson jcobb@cortlandyille_org
Douglas Withey,Councilperson dwithey@cortlandyille_org
Jeffrey Guido,Councilperson jguido@cortlandville.org
John DelVecchio,Town Attorney jdelvecchio@cortlandyille.org
RT 13 Rocks,LLC
13521502.2