VanAernem v. Saratoga County

• Decision Date: 08 July 1971
• Citation: 66 Misc.2d 1016,323 N.Y.S.2d 35
• Parties: Harold N. VanAERNEM et al., Plaintiffs, v. The COUNTY OF SARATOGA et al., Defendants.
• Court: New York Supreme Court

Page 35

323 N.Y.S.2d 35

66 Misc.2d 1016

Harold N. VanAERNEM et al., Plaintiffs, v. The COUNTY OF SARATOGA et al., Defendants.

Supreme Court, Saratoga County.

July 8, 1971.

Brown & Brown, Ballston Spa, by Ifigenia T. Brown, Ballston Spa, of counsel for plaintiffs.

Edward A. Tracy, Ballston Spa, for defendants.

ARTHUR C. AULISI, Justice.

Plaintiffs, residents and taxpayers of Saratoga County, have instituted the above action to restrain the Board of Supervisors of Saratoga County from proceeding with the demolition of the buildings known as the Old Saratoga County Court House Complex situated on a parcel of land on the north side of West High Street in the Village of Ballston Spa, Saratoga County, New York and further to restrain the defendants from using said parcel of land as a parking lot.

Plaintiffs have applied to this Court, by way of an Order To Show Cause, for an order restraining defendants, during the pendency of this action, from demolishing said buildings and from using the land as and for a parking lot.

An examination of the papers on this motion reveals that during the late 1950's and early 1960's, Saratoga County was under increasing pressure to provide adequate courthouse facilities to meet its present day needs. The obvious deficiencies then existing in the quality and sufficiency of the County's court facilities brought urgent requests and demands from the Saratoga County Bar Association, from visiting Supreme Court Justices and the Appellate Division that a new Court House Complex be constructed by the County to meet the exigencies with respect to the situation.

During the same period of time, the Department of Correction was exerting pressure on the County to replace its 'outmoded' jail with a new county jail for its prisoners.

In order to ascertain all the facts so that it could discharge its duties responsibly, the Board of Supervisors appointed a Sepcial Committee to study the question of improving the existing facilities or to construct a new building complex for its courts and jail. Following this study, and based upon the recommendation of the architect retained in connection therewith that the cost of refurbishing the existing facilities would be too expensive in terms of additional space gained, the Board of Supervisors decided to construct a new complex on the south side of West High Street on land owned by the County across the street from the old Court House and jail, where larger space was available to meet its present day court house and jail requirements.

Accordingly, a modern complex was built at a cost of some $4,000,000.00 to provide adequate space for all courts, the jail and other Saratoga County Offices. They were occupied in 1968--1969, leaving the Old Court House Complex vacant except for the county clerk's office which has been occupied, without charge, by the Historical Society with the permission of the County.

The Board of Supervisors, in an effort to save the entire old court and jail complex, made appropriate inquiry and was advised by an architectural firm that the cost of renovation would be prohibitive and the results minimal. The Board then proceeded to take the necessary steps to have the old complex demolished and to utilize said lot for additional parking for use by the new court house complex and jail, thereby relieving the existing parking problem and the flow of traffic at the new court house site, in addition to relieving the taxpayers of the great cost of maintaining old buildings which are not needed and of acq property to provide necessary parking space.

On this application for a temporary injunction, plaintiffs contend that the subject premises were conveyed by Nicholas Low by a...