Fredonia’s government has sought dismissal of the lawsuit filed against it over a Dec. 26 Board of Trustees vote to pursue drawing down the reservoir, decommissioning the water plant and acquiring water from Dunkirk.

Mayor Michael Ferguson and Mark Guglielmi, representing village attorneys Webster Szanyi, filed affirmations in support of the State Supreme Court motion to dismiss.

Judge Grace Hanlon is scheduled to consider the motion April 15 at the Chautauqua County Courthouse in Mayville. The motion was filed this week.

Ferguson noted the list of deficiencies in the water system that the Chautauqua County Health Department is requiring Fredonia to address. He also referenced that department’s requirement that Fredonia make a decision on either getting water elsewhere, or repairing and upgrading its existing infrastructure, by Dec. 29.

“The village was advised that failing to respond to the county (Department of Health) prior to the December deadline would have resulted in additional violations and the pursuit of fines and sanctions against the village,” Ferguson stated.

The mayor went on to note that a trustee — not named in the filing, but it was Michelle Twichell — tried twice in January to get the Dec. 26 vote rescinded, but failed. He also referenced the Feb. 8 boil water order. He called the Dec. 26 resolution “a preliminary step in the process of a much longer term evaluation.”

Ferguson also denied one of the contentions of the five village residents who filed the suit, that State Environmental Quality Review Act (SEQRA) requirements were not followed.

Guglielmi wrote, “The petitioners have failed to state a proper cause of action for rescinding the attacked resolution, or any form of injunction. The petition is woefully inadequate as it does not present any affidavits of the petitioners or others with first hand knowledge of the facts alleged, does not attach any exhibits for this court to consider in making a decision, and does not even present the resolution being challenged. Therefore, the petition should be summarily dismissed on its face.”

Guglielmi went on to state that the omissions were so glaring, the lawsuit filers “likely expect such dismissal and merely used this court as a public relations arm of their opposition to the path being pursued by the village.” As for the petitioners’ claim the resolution violated SEQRA, “the resolution cannot be considered an action that would trigger the requirements of SEQRA, as it did not commit the board to a definite course of future actions or decisions.”

Guglielmi concluded, “No actual plan has been created, let alone implemented, and the board did not take any concrete steps in furtherance of a plan, such as executing contracts or even issuing requests for proposals.”

The lawsuit was filed by village residents Richard Clark, former village trustee Kara Christina, and former Mayor Athanasia Landis, Andrew Ludwig, and Gladys “Dadie” Sedota.