Southeast Looks to Continue Legal Battle Against Sant
The Southeast Town Board voted on Feb. 18 to appeal a Carmel judge’s decision to dismiss legal action taken against former Putnam County Clerk Dennis Sant and his wife, Kathleen.
The appeal with be filed with the state Supreme Court.
The town is alleging the Sants violated the town’s zoning and building codes regarding a home addition including a pole barn and studio. But the couple has claimed the legal action was politically motivated.
Town Attorney Willis Stephens said following last week’s meeting the court action was held in Carmel because Southeast Town Judges Richard Vercollone and Gregory Folchetti recused themselves from the case that dates back to 1989.
On Jan. 21, Carmel Town Judge Joseph Spofford Jr. dismissed the case.
With Councilwoman Lynne Eckardt absent, the town board voted 3-0 to appeal the decision. Councilwoman Elizabeth Hudak abstained from the vote. Hudak said she would “abstain for personal and professional reasons.”
Following the meeting town board members declined to comment on the issue regarded to the case.
Sant, a Republican, was county clerk for many years until 2014.
As stated in Spofford’s decision, on Dec. 8, 1989 Mr. Sant submitted an application with the Southeast building department for a building permit for a proposed pole barn and then later a studio as well. Six days later the building permit for only the pole barn was provided to Sant.
In his Jan. 17, 1990 letter to the then Building Inspector Michelle Depew, Sant referred to the portion of his home that was being used as living space for his intermediate family. The Sants spent $23,000 for construction and another $10,000 to expand their septic field to address issues raised by the county Health Department. “Clearly the Sants’ effort to expand their septic field was with the intended purpose of using the addition as ‘living quarters for my intermediate family,” Spofford stated in his decision.
The Town of Southeast has claimed that Sant was given permission to repair the septic, not expand.
In 1997 the town tax roll was changed for the Sants’ property from single-family residence to a multi-family home, Spofford stated. “As a result, Mr. and Mrs. Sant were charged and paid increased town and county taxes, school taxes and sanitation fees,” the judge wrote. “Mr. and Mrs. Sant submit that this action by the Town of Southeast de facto granted their request that the property be ‘regularized’ as multi-family.”
In 2008 the couple was told by the town that that the use of the addition of living space at their home was violating town code. The Sants responded by documenting the steps they took with the town and county to what they believed allowed them to use the additional living space at their home, Spofford noted in his decision.
“In view of this history Mr. and Mrs. Sant argue that either the town has granted de facto permission for use as a multi family residence or that they should be reimbursed for 18 years of tax overcharge,” Spofford stated.
“Mr. and Mrs. Sant also allege that their prosecution is politically motivated, that they are being targeted and the subject of selective prosecution and that the Town of Southeast has not evenly handedly enforced its town code rules, regulations and ordinances,” Spofford stated, adding the couple “allege that there are neighboring residences in their lake community with far greater violations that either receive variances or continue to exist without any enforcement action being taken by the town.”
For its part, the Town of Southeast asserted that the case should go forward, Spofford stated. The Town of Southeast has argued that the Carmel town court “lacks the authority or jurisdiction to grant such relief.”
Spofford stated he would not provide a tax refund to the couple. The power to provide a tax refund would be up to the state Supreme Court, he stated.
Spofford did agree to dismiss the town’s case against the Sants. Spofford stated he decided to dismiss the case because of “the extraordinary time, money and efforts devoted by Mr. and Mrs. Sant seeking to comply with the town and Health Department requirements.”
“Mr. Sant made it abundantly clear at each and every stage in the protracted history of this addition that he was prepared to comply with the town as well as with the Health Department,” Spofford wrote.
