FOR IMMEDIATE RELEASE
Contact: Carlo A. C. de Oliveira, Attorney
August 29, 2017 (Cooper Erving & Savage LLP)
Ex-Mayor Sues Village For Injunction and Damages for Creation of Nuisance, and for Interfering with his Right to Maintain the Parking Lot Adjacent to his Property.
Mark Nadeau, a local contractor and former Mayor of the Village of Cobleskill, filed a civil action with the Supreme Court, County of Schoharie seeking injunction and punitive damages for the Village of Cobleskill interference with his rights to maintain the parking lot adjacent to his property at Union Street.
The Verified Complaint alleges that the parking lot in the intersection of Union and Main streets is a right of way easement that was intended to provide access from the property formerly known as the “United States Hotel” to Main and Union Streets. In 2002, the Village created a defect on the pavement when it paved over old fuel tanks buried under the surface of the parking lot. The Village also repaved the parking lot to a much higher elevation in order to address a long standing drainage problem, and to divert water toward Union Street. In his Complaint, Mr. Nadeau alleges that the Village created a hazardous condition on the parking lot, which prevented prospective buyers and tenants from buying or leasing his property. Mr. Nadeau offered to re-grade the parking lot at no cost to the Village but the Village refused. The Village has since barricaded the parking lot and prohibited Mr. Nadeau from repairing it. Mr. Nadeau alleges that the Village’s conduct substantially interfered with his right to use and enjoy the right of way easement, where the parking lot now sits, including his right to maintain and repair said parking lot.
Mr. Nadeau is being represented by attorney Carlo A. C. de Oliveira of Cooper Erving & Savage LLP.