Town Ordered Builder to Tear Down House

[SLP-NYCT]

Hi Guys,

Do you think selling or buying vacant land is simple? Think Again! This letter is from MY Brother in Law. He lives right down the road from me and yes...this is 100% True! He is a Life Long General Contractor. His Brother is an Attorney, his other brother is a fellow RE Broker. He was surrounded by people how know what they are doing, including himself. The land was bought at a Tax Sale Auction!

Here you go:

To Whom It May Concern:

The Town of Wappinger allowed me to build my home while they were fully aware of an Open Space restriction on my property and did not tell me for over four months, until after my home was built. Now after 5 years of litigation they are ordering me to demolish the home that I live in.

My brother and I started this litigation because we were not treated justly by the town of Wappinger. We could not imagine this could happen in this great country of ours, so we took a stand and the litigation process began. Here are facts from the Trial documents:

• None of our deeds, in our chain of title, had any restrictions listed in them as required.
• Neither the Map nor the 1963 Minutes (nor any written and acknowledged “open space” restrictive covenant or negative easement) was recorded with the Dutchess County Clerk.
• The Assessor gave the Property a tax classification of “311,” which is residential vacant land.
• The Assessor continually taxed the Property as “residential vacant land” and as a “homestead parcel,” not as Open Space
• The Assessors card described the property as “Good buildable land”.
• The Town taxed the Property for water and sewer services as if there were 15 buildable lots, not as Open Space.
• For almost 40 years, Parcels B and E have remained undeveloped. It appears to the Court that they were used as an unofficial dump site.
• In July 2003, while the foundation for the House was underway, Ronald Lafko (the son of one of the two sub-dividers in 1963) brought the Map to the attention of Town Councilman Bettina and the Town Superintendent of Highways, Graham Foster. The Town waited over four months to contact the O’Maras regarding the open space issue. By then, the House was completed.
• According to conversations that I secretly taped, The Town was treating the O’Maras differently because they were “outsiders” and because of “jealousy, spite, envy”, the Map was “stupidly handwritten… never filed correctly. . . everybody knows that a number of errors were made...”

In October of 2003, after my brother & I gave the town an easement, the Town finished installing their new water main thru our property to service the community. They then, in November of 2003, issued a Stop Work Order for the construction of my home, after their new water main was installed. While being aware of the Open Space issue and except for the Final Inspection, the Town’s agents performed all the normal on site inspections and also connected us to the Town water & sewer systems.

As I have learned, the Town is not bound by its own mistakes or intentional deceit for not making us aware of the “Open Space” restrictions when they became aware of them in July of 2003 and waited over 4 months until November 13, 2003 to let us know about the restrictions. We, the taxpayer, must suffer the consequences for their mistakes and their misrepresentations. The Town wants us to demolish my home and restore my property to” Open Space” which they have been using as a dumping ground.

The word that comes to my mind and describes the Town Official’s of Wappinger actions throughout this process is “termite”. A termite is an insect that tries to keep its actions hidden from the world and causes much damage if not stopped. The Town has twisted and or misrepresented the truth, from day one as shown at Trial. They can do whatever they want without consequence, as illuminated by George Kolb, the Town’s Building Inspector. One of his many taped statements, admitted at Trial is “If the Town loses this case, it will say “f**k that judge”. Judge McMahon noted that the taped conversations between Don O’Mara and Inspector Kolb is “accurate” and “contradicts in several particulars the trial testimony of Kolb, which is why, whenever there is a credibility issue between Kolb and O’Mara, I find in favor of O’Mara.”

The Town seemingly has unlimited funds and resources available to them at our, the taxpayers’ expense. If the Town would have stopped us in the beginning of July, 2003, when the Town became aware of the problem, we would not have built the home or spent the time and money wasted on this litigation. It’s ironic that my tax dollars have funded this litigation against me to destroy my own home. The Town won’t even admit how much it has spent in legal fees to date to make me destroy my home. All residents of the Town of Wappinger should go to the town hall and inquire how much of their tax dollars has been wasted to date. You can do so by filing a “F.O.I.L.” request at the town hall.

This is a travesty of Justice for all, a financial devastation and life changing event for us. All Taxpayers should be appalled at government power and corruption in any form. We all need to wake up & take a stand. This could happen to you!

[kyle422]

Wow, that is horrible. I can't believe they would have so many goofs on their part and still penalize your brother in law and his family.

[FairwayandIsle]

That is terrible. Good for you brother for standing up to them.

I wish him luck.

[Madtown RM]

WOW. What an absolutely SHOCKING miscarriage of justice. Please let us know if there is anything we can do to support your brother. What an awful situation. I would hate to be in his shoes.

I will remember this the next time I'm feeling sorry for myself or having a bad day!

[Joe Cline Austin]

That sucks.. You need the Peter Blunt system..

http://www.youtube.com/watch?v=4lURHNLrwtc

[satxproperty]

Miscarriage of justice or total incompetence by several departments of city hall.

Where is the tv news crew?

[Madtown RM]

Never saw Caddyshack. But that scene is priceless!

[SLP-NYCT]

He lost the appeal and was given till February 6th (yes, the 6th of THIS Feb.) to tear down the house.

Here is a link to the findings in the Appeal. Read it Thoroughly. It is quite amazing: http://www.law.cornell.edu/nyctap/I07_0142.htm

[Joe Cline Austin]

Sounds like he needs to find the seller and try getting his money back from them for failure to disclose. Or would the title insurance cover that? I don't know much about real estate in NY.

[Madtown RM]

Argh, there's no way! Somebody has to take responsibility for this. You can't just legally buy a home and then be forced to tear it down years later. The city needs to come to its senses. They were complicit in this and they're responsible for what happened. Two wrongs don't make a right!