The State of New York will side with Herkimer County in a pending lawsuit between the county and the Village of Herkimer, according to a letter sent by Michael F. Donegan, Council for the New York State Commission of Correction.
The lawsuit is the result of a dispute between the Village of Herkimer, which sought to prevent the placement of a new Herkimer County Correctional Facility at the site of the old P&C Foods site on Route 28.
According to Donegan’s letter, the Commission Counsel’s Office “agrees with Herkimer County’s position in its pending action against the Village that state law and regulatory schemes do, in point of law, pre-empt the Village’s zoning authority.”
However, the Commission of Correction has agreed not to intervene at this stage of the suit, which is being presided over by Supreme Court Judge Erin Gall.Recently, the village was asked by the county to grant the correctional facility pre-approval access to the municipal sewer system, which, according to the village, was done without going through the proper procedures.
As a result, the village denied the county access.
After being denied access, Herkimer County filed a petition asking a judge to determine whether or not there was sufficient reasoning for being denied.
During these legal proceedings, the Village of Herkimer amended their municipal zoning laws to disallow the construction of a correctional facility in the area.
Prior to the proposal for the correctional facility, the Village of Herkimer had plans to build a taxable commercial property on the land.