Ballston Moves One Step Closer to Amending Zoning with Public Hearing

Supreme Court Judge Rules in Favor of Town of Ballston Over Water Line Lawsuit

Decision Confirms Town Followed the Law

BALLSTON – In a 14-page decision handed down by state Supreme Court Judge Thomas Buchanan, the court has confirmed that the town of Ballston correctly followed ‘Notice of Intent’ procedures when the board approved a water line extension for a 12-home subdivision off Goode Street.

“We are pleased that the court recognized that the town of Ballston made every effort to comply, acknowledging the importance of the state’s Agricultural Districts Law. We are committed to working with Ag & Markets, our residents and our farmers to preserve agriculture in the town of Ballston,” said Supervisor Tim Szczepaniak. “We hope that our recent efforts to make changes to our zoning will ensure that agriculture thrives, along with balanced and smart growth that recognizes the need for infrastructure improvements to benefit the entire community.”

RELATED Ballston Water Extension caught up in ongoing litigation

The issue with Ag & Markets arose in 2016 when a property owner asked the town for a water line extension for an approved development off of Goode Street. The lawsuit, filed in 2017 by the Department of Agriculture & Markets, sought a permanent injunction from a judge barring the public water line connection off Goode Street and off of the northern part of Route 50. The requests made by Ag & Markets were denied by the court.

“The town is committed to continuing to work in the best interest of our rural town, with our resident farmers and Ag & Markets to ensure that a just and fair result is achieved. That did not happen when Ag & Markets reviewed the paperwork filed by the town in 2016,” said Debra Kaelin, town of Ballston attorney.

The decision also instructs Ag & Markets to consider the original Notice of Intent and to follow the law.

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