An amended complaint filed in Ulster County Supreme Court by Frank and Pam Eighmey noted they have incurred significant expense for well sampling and additional damage from illegally dumped material at Church Road in Shady.
The Reynolds Lane couple filed a civil suit in November seeking damages from illegal fill delivered by Joseph Karolys to the 10 Church Road property. A previous Article 78 against the town for failure to act resulted in the judge suggesting the couple seek recourse through civil action.
Beginning in December 2019, Karolys, now awaiting trial for manslaughter in another matter, began dumping an estimated 200-plus truckloads of fill containing construction debris in violation of Woodstock’s solid-waste law.
The Eighmeys have had three well samplings performed — in January and June 2023 and in January 2024 — at a cost of $3210 each, according to the amended complaint filed March 21.
The latest sampling has revealed several trends, including the presence of flourene, nitrite and zinc for the first time, and an increase of arsenic and phosphorus.
In their amended complaint, the Eighmeys said the town-approved implementation of so-called Plan E — the removal of larger material and redistribution of the rest of the fill — had directed stormwater runoff toward their home and undermined its foundation, which will need to be rebuilt at an estimated cost of $208,000.
The court invalidated the building department-issued permit for Plan E as a result of the Article 78. At that time, supervisor Bill McKenna said operations conducted by or for the town were not subject to a permit.
But the Eighmeys, in their amended complaint, said based on McKenna’s interpretation, 10 Church Road owner Vincent Conigliaro and his company Salvin Design were acting on behalf to the town when they “negligently implemented Plan E.”
In a separate action March 29, Karolys’ attorney filed a motion to dismiss, claiming the Eighmeys were time-barred because the three-year statute of limitations for property damage had expired.
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