Daily Archives: July 17, 2007

Lofquist files new FOIL request, to appeal PDDG decision

Bill Lofquist of Please Don’t Destroy Geneseo (PDDG) has filed an extensive new Freedom of Information Law (FOIL) request with the Town of Geneseo. This came as a result of published statements made by Town Attorney Jim Coniglio, in which he acknowledged that Newman had made suggestions for changing the PDD law before it was adopted.

“This is exactly the type of communication that we were seeking through our lawsuit,” Lofquist said. “After failing to produce the specific documents we originally requested, I am now asking the Town to provide all of its communications with Newman. We have known all along such documents exist. Now we know they are significant and, by law, must be retained. We look forward to receiving them.”

Lofquist and PDDG have also filed a notice of appeal in the case of PDDG vs. Kennison over the 10 specific documents claimed by the Town of Geneseo to be missing. Supreme Court Justice Ann Marie Taddeo dismissed PDDG’s Article 78 petition recently, saying that the Town had done all it needed to do in searching for missing correspondence between representatives of Newman Development and the town’s attorneys at Underberg and Kessler (UK).

Lofquist said Monday that he believes that the documents should still exist and could be found if the court were to require the more thorough search of UK’s files and computer systems that PDDG had requested. He also expressed disappointment that the court did not ask the Town to request copies of the documents back from Newman.

“These are important public records that should have been preserved under state law,” Lofquist said. “In this age of electronic communications, we believe that a more extensive search could locate the documents in Underberg & Kessler’s records. Or, the town could end all the mystery by simply requesting the correspondents to provide copies of the missing documents.”

Original fellow petitioner Corrin Strong has said that he would not participate in the appeal because he has become a candidate for Republican nomination for Geneseo Town Supervisor since the Article 78 was filed. PDDG had only 30 days to file the notice of appeal which would run out before the August 4th Republican caucus. PDDG now has six months to perfect the appeal and file legal briefs with the 4th Appellate Division in Rochester.

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