NY High Court Denies Appeal in German Flats Trailer Park Case
The New York State Appellate Court in Rochester has ruled against a Town of German Flats couple, which could mean the end of the road for the Creekside Mobile Home Park on Creek Road in the township. The park was vacated in October of last year following an order by Supreme Court Judge Norman Siegel, upholding the Town of German Flats decision deeming the property inhabitable due to flood risks. When Virginia and William Jaquish previously refused to close the park, they were held in contempt of court.
The Jaquish couple asked New York's highest court to either reverse Judge Siegel's rulings or to send the case back into the courts to be reargued. On appeal, the Jaquish's challenged the lower court's ruling that the Town of German Flats acted within the law when they denied the couple a floodplain development permit (FTP), claiming the township was not "arbitrary or capricious" in its decision. They also requested that the case be re-presented, allowing the former tenants of the park to serve as litigants in the case. The Appellate Division disagreed on both issues and wrote that after the tenants were served notice to vacate, they no longer had interest in the property. The court also refused to consider the charge that the Jaquish's property was taken unconstitutionally because that contention was not properly presented to the court. Additionally on the second appeal, the court refused to overturn Judge Siegel's decision to disallow the Jaquish's additional time to reargue and/or renew their petition.
The battle over the commercial property has consumed residents in German Flats for the last four years. The Jaquish's conducted a very public campaign charging that the town, along with then Supervisor Frank Spatto, acted against the family over 'a personal grudge' and not in the best interests of the public. The controversy reached a peak during election season last year after Virginia Jaquish's son, Peter Rovazzi II, defeated Spatto in the Town Supervisor's race in November. Rovazzi has since recused himself from the issue and would not comment.
WIBX has reached out to Virginia and William Jaquish and their attorney along with the attorney for the Town of German Flats for comment. Please check back for an update.
Listen to a previous interview with Virginia and William Jaquish:
Listen to Frank Spatto Discuss the case before election day in November of 2017:
Listen to heated exchange between WIBX's Bill Keeler and Peter Rovazzi in regards to Spatto's interview: