CANTON - The state Supreme Court has dismissed a lawsuit filed by local resident R. Shawn Gray against the village of Massena.
In October, 2009, the village of Massena Department of Public Works, at Mr. Grays request, installed a new sewer lateral to Mr. Grays home located at 56 East Orvis St.
The villages invoice for the work performed totaled $5,299.48. In Mr. Grays lawsuit, he contended that village of Massenas Local Law 230-5(C) was invalid, and that his bill should be reduced to $750. He was represented by attorney Andrew Silver.
In his notice of claim, which was filed late last year, Mr. Gray said he had received an estimate for the work of up to $3,000.
After receiving a bill for $5,938.08, which he did not pay, Mr. Gray said in his claim that the bill was later reduced to $5,299.48, the amount the court has ruled he should pay.
While Mayor James F. Hidy declined comment on Friday, when the claim was first filed he said, Were confident that we were right in our billing and he should pay.
The village was represented by attorney Matthew H. McArdle of Fischer, Bessette, Muldowney & Hunter, LLP, in Malone.
Mr. McArdle said the Supreme Courts decision validates the villages actions in this case and firmly establishes that the village acted reasonably and appropriately. In dismissing the complaint, the Supreme Court ruled Mr. Grays interpretation of the law was strained and not supported by the language of the statute, Mr. McArdle said.
When asked what the decision means, Mr. McArdle said it means that Mr. Gray is responsible for paying the bill.
The bill itself has been added to his taxes, so this means that amount will remain on his tax bill as it was relevied, he said.
He noted Mr. Gray hase the right to appeal the decision if he wishes to continue fighting the bill.
Attempts to reach Mr. Gray Friday afternoon were not successful.