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Judge says Windham water rule unconsitutional

Nov 28, 2023 12:55 am

Michael Ryan reports for the Mountain Eagle that the Town of Windham acted "illegally and unconstitutionally" in a water matter with a resident who has run for Town Supervisor twice. Windham claimed that Nick Bove illegally tapped into the town's water system at his cafe business and on a rental property, laying pipeline but not installing meters. On June 27, 2022, Windham town board members sent Bove a $100 fine for each of the two hookups, stating, “such violation is defined as criminal tampering, as defined in the [New York State] penal law.” Bove confirmed the water meters had been on since 2021. But Greene County Supreme Court Judge Richard Mott ruled that, "guilt was determined and a penalty imposed prior to [Bove] having an opportunity to be heard in response to allegations." Mott also annulled the fines, and wrote that Bove can “apply for an award of counsel fees.” Mott ruled the town's water rule unconstitutional and said, "An informal process for review of customer complaints would be sufficient to satisfy due process. Local Law #3 of 2007 fails to provide even an informal process." Read more about this story at Porcupine Soup.