EIC Files Article 78 Lawsuit Against Feiner in NY Supreme Court
Dear Edgemont Neighbors,
On September 27, Greenburgh Town Supervisor Paul Feiner rejected our third petition seeking a vote on Edgemont’s incorporation, and denied our community a referendum on our preferred form of governance.
During the litigation of the last petition, the appellate court made clear that we needed to remedy one single aspect of our petition—we needed a modern metes-and-bounds description of our proposed Village of Edgemont. We responded by hiring a licensed professional land surveyor to certify a state-of-the-art metes and bounds for the third petition. Then, 1,417 Edgemont residents signed it, signaling their desire for a vote on Edgemont’s incorporation,
Faced with a compliant petition, Supervisor Feiner nonetheless declined to order an election. Instead, he rejected this third petition on multiple baseless grounds that have no support in NY’s Village Law. In doing so, he:
Recycled old arguments that the appellate court already rejected, including requiring the names and addresses of all Edgemont children, even absent parental consent,
Illegally hired his own surveyor (at taxpayer expense) who didn’t survey anything,
Mischaracterized his own surveyor’s report in order to falsely claim that our certified metes and bounds did not describe a closed area,
Ignored the NY State Legislature’s express direction regarding which version of the Village Law applies to our petition, and
Relied on two clerical errors affecting only three signatures to strike almost all 1417 signatures.
We’re in our ninth year of Supervisor Feiner’s campaign to derail democracy in Edgemont, but we remain committed to securing a vote for our community. Last month, EIC attorneys filed an Article 78 Petition and Brief challenging Supervisor Feiner’s decision. You can review those documents here.
Thank you for your continued support. We’ll keep you posted.
-The EIC
