Residents Sue to Block Fire Station Renovation: But Why?

Plans to renovate and expand the fire station in the Village of Fayetteville, NY ran into some unanticipated legal difficulties last week when two Fayetteville residents filed a lawsuit contending that the expansion would violate certain restrictive covenants in the deed to the property.

In June 2009 village residents approved a proposal to renovate the station. Officials say the upgrades are necessary to provide room for EMS vehicles and equipment. The plans call for tearing down part of the existing station and building a new, larger emergency medical services wing. The cost of the renovations is budgeted at $6.45 million.

The property is owned by the Central School District, and according to the lawsuit the deed restriction prohibits its use as a parking lot or garage unless it is built underground. The plaintiffs are seeking an injunction to block the renovations until the deed restrictions are properly modified.

Exactly why the plaintiffs’ feel compelled to take enforcement of the covenants into their own hands remains unclear. Perhaps they are folks who like to see deed restrictions honored – perhaps they have a personal stake in the matter, but the challenge is just one of many legal roadblocks that get thrown in front of fire departments from time to time.

More on the suit.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Another Assisting Police Lawsuit in the News

A federal court in California has dismissed several counts in a lawsuit filed against the City of Richmond and American Medical Response West over the death of a man, but will otherwise allow the case to continue. The suit was brought by the family of Ivan Gutzalenko, who died on March 10, 2021.

Albany Prevails at Second Circuit in Discrimination Suit

An Albany fire captain who claims he wrongfully was denied a promotion to battalion chief following an off-duty incident, has lost his appeal to the US Second Circuit Court of Appeals. Captain Jeremy Clawson claims the City of Albany rescinded a civil service promotion he earned in 2019 on account of a disability and his race.