Oot and Juchheim both promised the Sullivan Town Council not to let the matter die without a fight. At the June 14 meeting of the Zoning Board of Appeals, special counsel Jim Stokes advised the board to uphold Kinne's determination in rendering a decision on Subdivision Inc.'s Request for Interpretation.
In his affidavit, Oot accuses the town council of engaging "in illegality, bad faith, and has intentionally and negligently delayed action on the application for a special use permit until after the zoning ordinance had been amended" in handling Subdivision Inc.'s application for a special use permit.
The document further accuses Supervisor John M. Becker of using the quarry as a means of furthering his political aspirations.
"In late 2006, I was asked by Town Attorney [Donald Colella] on behalf of [Becker] to 'hold off' on the application until after the November 2007 election, because there were 100 votes at stake," Oot's affidavit reads.
The memorandum of law in support of the Article 78 petition accuses Kinne and the respective boards of using improper and illegal delay tactics to stall the project until a law could be enacted to stop it. The documents further assert that the newly enacted law was never properly enacted.
Becker and Planning Board Chairman Frank Park declined to comment due to the pending litigation, but Zoning Board of Appeals Chairman James Kirsch said his board stands by its decision.
"The ZBA agreed with Larry Kinne's determination, which was based on the town's zoning laws," Kirsch said Sunday.
The matter is scheduled to be heard Aug. 31.