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ACAL NEWS - Week of October 10, 2004

On Wednesday, October 13, ACAL will host a Gil Fox roast beef dinner at the Boonville Elk's Lodge on Rt. 12 beginning at 4:30 PM.  A delicious dinner, beverages and homemade desserts will be available for $8.50 (adults) and $4.50 (children) and is an ACAL fund raising event.

NO DUMP! signs are in and located at Grandpa's Desk Tutoring, 213 Schuyler Street, Boonville, across from the fairgrounds.  Signs are free to the public but donations are always welcome and appreciated.

ACAL's Annual Fall Auction was a great success!  With plenty of laughter and refreshments available, those in attendance had a wonderful time and went home with an assortment of handcrafted items, homemade baked goods, gift certificates, antiques, and many other new and like new items.  The winners of the raffle will be announced next week.  ACAL wishes to thank the community for their generous contributions to the auction, and to Dick, Jerry and Joyce LeClar for making the auction a lot of fun!

Correction:  Last week I stated in ACAL News "that not one state or county official has done anything to help us."  Although I knew this statement did not refer to Pam Mandryck, Dave Townsend, or Bruce Krug, others may not know that fact.  So, for the record, to my knowledge, not one state or county official has done anything to help us EXCEPT Pam Mandryck, Dave Townsend, and Bruce Krug.  We are grateful for your continued support over the past eleven years.

On Friday, October 15, ACAL's attorney, Michael Moore of Young/Sommer Law Firm in Albany, will be presenting arguments as to why ACAL's Article 78 lawsuit against Department of Environmental Conservation's Erin Crotty should be argued on its merits in Albany County Supreme Court.  Several weeks ago, attorneys for the DEC and the Oneida-Herkimer Solid Waste Authority filed to have the case dismissed on a technicality.  However, Attorney Moore and ACAL believes the lawsuit issue is too important to be dismissed.  

The Article 78 lawsuit is holding Commissioner Erin Crotty accountable for granting the Ava landfill permit without complying with current DEC regulations and guidelines.  ACAL is challenging the variances granted by Commissioner Crotty, allowing a landfill to be built in state regulated wetlands.  ACAL believes Crotty acted irresponsibly and unfairly by granting the permit and therefore requesting it be annulled.  An annulled permit would mean construction of the proposed Ava landfill would stop.  If OHSWA refuses to give up, the permit process would need to start again from the very beginning, costing Oneida County residents more of their hard-earned money.

This Friday, an undisclosed Albany County Supreme Court Judge will rule either to hear oral arguments for the Article 78 lawsuit or to dismiss.  If the ruling favors hearing oral arguments, Attorney Moore will represent ACAL and arguments will be scheduled probably within the 30-60 days.  If the ruling is to dismiss, ACAL has the right to appeal the decision.

ACAL wishes to ask the community for their thoughts and prayers this week, and especially on Friday morning.  Friday's court decision is extremely important to ACAL's case against OHSWA and the DEC.  ACAL only wishes for the truth to be revealed and for a honest decision to be made by the Judge.

Michael Moore and Young/Sommer Law Firm have plenty of experience in environmental law.  ACAL President Ned Ross is confident Mr. Moore will do his best to represent ACAL.  For more information regarding ACAL's attorney, please go to www.youngsommer.com.

Finally, there has been "talk" over the years about the legal battles ACAL has fought, the attorneys ACAL has hired, and the amount of money ACAL has spent in legal fees.  It is important for the community to understand that without the legal support, lawsuits and appeals, the dump would have been built years ago.

We live in a democratic society that is bound by laws.  When the laws are broken, there is only one way to seek justice - through the legal system.  Yes, it can be frustrating.  Yes, it can be expensive.  Yes, sometimes it appears to be quite unfair and biased.  Nonetheless, it is the law.  

ACAL is a non-profit organization created to protect the air, water, land, wildlife, fish and birds of this region. ACAL does not have a multi-million budget which comes directly out of the pockets of Oneida County residents.  ACAL receives its funds from donations and fund raisers only.  

When you step back and think about it, ACAL has been an eleven year miracle:  fighting an "authority" that has more power than it deserves, receiving little support from county and state officials - and NO support from Governor Pataki, Senators Clinton and Schumer, and County Executive Joe Griffo - all of whom have the power to end this controversy TODAY.  We have had to listen to the lies and put up with the manipulation of Hans Arnold - someone whom I believe, despite his cruel attempts to ruin our homeland, is a man in need of a life.    

For all of the authorities and officials and individuals who haven't heard the message during the past eleven years, let it be known:  WE DON'T WANT A DUMP!  WE DON'T WANT TO BE A HOST COMMUNITY!  WE SAY NO DUMP!  WE MEAN NO DUMP!  STOP VIOLATING OUR RIGHTS TO LIVE AS FREE RURAL AMERICANS!