FREDONIA, N.Y. — The Village of Fredonia has called on a Chautauqua County judge to dismiss a lawsuit filed last month by residents seeking to temporarily halt the village board from carrying out a water infrastructure plan they approved in December.
In court documents filed on behalf of the Village Board on Monday, attorney Mark Gugliemi argues that the petitioners in the lawsuit have failed to state a proper cause of action for rescinding or enjoining the plan.
Gugliemi also calls the lawsuit a public relations stunt on the part of the petitioners, citing a January article from the Post Journal that cites the lawsuit before it was filed with the court.
The plaintiffs, Richard Clark, Kara Christina a former board member, Athanasia Landis a former Fredonia Mayor, Andrew Ludwig, and Gladys Sedota are seeking to halt and/or void the plan which calls for the Fredonia Water Treatment Plant to be decommissioned, the village reservoir to be drawn down, and for the village to interconnect with the City of Dunkirk for water.
The plan was approved by the previous village board 3-2 on December 26, 2023. Some of the dissenting board members who remained on the board through the new year have made efforts to renege on the plan but they have failed.
Those against the resolution/plan believe it was passed in violation of New York State Environmental Conservation Law as a State Environmental Quality Review (SEQR) was not conducted.
Gugliemi and Fredonia Mayor Michael Ferguson argue otherwise.
"The Preliminary Report specifically references future actions, including SEQRA, that will be required as the Village moves forward," Mayor Ferguson states in his affidavit.
Andrew Ludwig, told 2 On Your Side Saturday that he doesn't believe the village is considering the long-term implications of having to pay for water from the City of Dunkirk compared to investing in its current water infrastructure, which Fredonia profits from by selling water to surrounding neighbors.
"They're calling this a PR stunt because they have to cover themselves for not following proper channels because they made this decision and without SEQR they moved on this project that's not popular," said Ludwig.
Mayor Ferguson however believes the several deficiencies and violations that the village has been cited for by the Chautauqua County Health Department support that the plan approved in December was the right one.
The plan was one of several options proposed by LaBella Associates, an engineering firm tasked with looking at options to fix the village's long-troubled water system. The village was given a deadline by the county of December 29 to pick an option.
A hearing for both the dismissal and the request to halt the project is scheduled for April 15th in Chautauqua County Court.