German Flats Couple Loses Appellate Case, Could Have to Exit Park
The Town of German Flats couple trying to avoid eviction from the mobil home park they own has been dealt another blow in court. Bill and Virginia Jaquish were in the Appellate Division, 4th Department of the New York State Court System on Wednesday seeking a stay of a decision from Supreme Court in Herkimer County, ordering them and the tenants on the property to vacate immediately.
According to attorney Michael Moore, attorney for the Town of German Flats, after hearing from both sides, Justice Centra denied the Jaquish's request for a stay. There was no written decision, according to Moore. WIBX has reached out to the Jaquish's and is awaiting comment. The couple must now make a decision on whether or not to appeal Justice Centra's decision through the Court of Appeals, which would be their last option at the state level.
Moore said that New York State law requires the Justice to make a decision based on the "likelihood of success" of the appeal. "It was a simple process," he added. "The stay was denied."
The eviction was ordered following flooding in 2013, after the Town of German Flats deemed the park, located adjacent to Fulmer Creek on Route 168, a flood zone. The town denied the Jaquish's a floodplain Development Permit allowing them to repair flood damages. The Jaquish's told WIBX that they made repairs to the park based on FEMA standards, even though German Flats refused them a permit.
Currently, the Jaquish's have been charged with contempt of court for not executing Herkimer County Supreme Court Judge Norm Siegel's order to vacate the property. That order required them to vacate by May 31, 2017. They are required to appear before Judge Siegel on August 29th to answer those charges, at which time damages and penalties could be imposed by the court.
Town Supervisor Frank Spatto declined to comment and directed all comments to attorney Moore.
WATCH INTERVIEW WITH BILL AND VIRGINIA JAQUISH ON KEELER BELOW: