Property Rights Foundation of America®

News Brief - Summer 2009:

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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