Arthur Spiegel’s Federal Suit Against APA Ends With
Dismissal
Charged with fines of $500 per day since he began building on
September 30, 2004, for exceeding the height of his house and
other conditions stated on his APA permit, Arthur Spiegel went
to federal court with the claim of selective enforcement. In September,
U.S. District Court Judge William Sessions agreed that the APA
is not consistent in its enforcement of building regulations,
but Mr. Spiegel failed to prove that the APA acted maliciously,
which was required to prove the charge of selective enforcement.
The APA’s charges against Mr. Spiegel, alleged in a 2006
action by the State Attorney’s General’s Office, still
have to be decided. The APA law limits houses in the Adirondack
Park to 40 ft., but the APA’s singular method of height measurement
is much more severe than that specified in the New York State
Uniform Building Code. Mr. Spiegel’s permit specified a 30-ft.
height, which he is alleged to have exceeded by 21.7 ft. The
Plattsburgh Press Republican, September 21, 2009, was the source
for much of this brief.
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