For Immediate Release: July 2, 2008
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY – Adirondack Park Agency Statement on decision for Motions to Dismiss.
On July 2, 2008, Acting Supreme Court Justice Meyer issued a decision, on cross motions to dismiss, that were argued before the Court on June 19, 2008 in the ongoing Lewis Family Farm, Inc. litigation.
Justice Meyer’s action dismissed Lewis Farm’s claims that APA administrative enforcement violated Section 305-a of Agriculture and Markets Law.
Justice Meyer also supported the Agency’s position that there is no legal requirement that the Agency defer to an opinion of the Commissioner of Agriculture and Markets when interpreting the Agency’s own statutory scheme. The APA Act governs with regard to merits of the case and Agency jurisdiction.
This is a preliminary step in the legal process. This order did not determine the merits of the case.
The Agency will answer the remaining claims on the Lewis Family Farm’s petition by July 22, 2008.