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Town hires firm in rental lawsuit

In preparation for their Article 78 litigation, the town of Dunkirk has retained Hodgson Russ law firm to represent them in the matter. This litigation was brought onto the Town by Jennifer Friedman, who owns the property at Woodlands Drive that had been used as a short-term rental.

According to the other residents of Woodlands Drive, the property is actually still being used as a rental, even though Friedman was instructed to stop. The residents claim that, since the Zoning Board’s ruling on the matter in late May, there have been three separate renters staying at the property, all by people out of state. The residents of Woodlands Drive have inquired as to the enforcement of the ruling by Zoning Officer Ryan Mourer. Mourer responded to resident Jay Warren’s request via email, stating he was investigating the situation and doing what he had to in regards to it.

The residents also offered their appreciation to the Town Board last week as this situation with Friedman’s property has been ongoing for over a year now, and has led to many complications for all involved. The Woodlands Residents, though not named in the Article 78 proceedings, are considering intervening in the process, and asking for an injunction.

The Dunkirk Town Board is limited as to what they can say, as litigation continues.

“The way things are going right now, with the Zoning Officer not enforcing the Zoning Board’s decision, we can hopefully get a court order and have the sheriffs enforce it,” said Woodlands Drive resident Phil Leone. “That takes it out of the town’s hands and they don’t have to deal with it anymore. … If the court says they can’t do it, we can call the sheriffs.”

Leone added that the residents will have a meeting with their attorney to further discuss their options.

The residents stated that the hearing on the matter would take place on Monday, Aug. 8, though no official comment was made by the Town Board on when it would happen. The next meeting of the Dunkirk Town Board will be on Tuesday, August 16 at 6:30 p.m.

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