Siegel Files Lawsuit Challenging Yorktown’s New Tree Law
Former Yorktown Supervisor Susan Siegel filed a lawsuit Thursday challenging the new tree ordinance adopted by the Yorktown Town Board in September.
In a 39-page Article 78 filed in Westchester County Supreme Court, Siegel, who was ousted as a councilwoman last year, charged the board committed multiple violations of four laws and acted in an arbitrary and capricious manner when it closed the public hearing on September 20 and immediately voted to approve the amended local law.
“Basically, the four members of the board (Supervisor Michael Grace and councilmen Greg Bernard, Tom Diana and Ed Lachterman) who voted for the law were in such a hurry to enact the law that they arrogantly violated long established and fundamental procedural requirements of the law,” Siegel said. “I’m not happy with the new law, especially the provision that exempts the town from needing a permit to cut down trees on town-owned land, but I accept the fact that the four Republicans can pass whatever laws they want. But they need to pass them properly and legally.”
One of the criticisms levied throughout the lengthy hearing in September was the law adopted in 2010 protected trees and forests on both private and town-owned property but the new law exempts the approximately 4,000 acres of town-owned property located in neighborhoods throughout the town.
“I think the law does what it is intended to do,” Grace said before making a motion to adopt the new law. “This law as written simplifies the old law.”
In the lawsuit, Siegel challenges the legality of a provision in the new ordinance that would allow the Town Board the authority to review any Planning Board decision regarding tree removal. She maintained that Grace “misspoke” when he said the 2010 Tree Law gave the Town Board the power to review Planning Board tree permit decisions. Instead, she said the 2010 law adhered to state law that required parties wishing to challenge a Planning Board tree permit ruling to file an Article 78 lawsuit.
Grace did not return an email asking if he had any comments regarding the legal action taken by his predecessor.
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