The Town of North Elba will apparently get their way and while it’s not going to happen tomorrow, the Grimditch family is much closer to a summary judgement ordering them to tear down the two boathouses which they continued to build even after 3 separate stop work orders.. A 21 page Decision written by Judge Buchannan is being held in abeyance to give the Grimditches an opportunity to have some limited discovery on the claim of selective enforcement… Even though the Judge allowed some limited discovery on that particular issue, the deadline for discovery is October 31st following which point, the judge will move forward with entering a final decision in the case.. In his conclusion, Judge Buchannon writes “The Record establishes the core fact that these boathouses were built without the benefit of a Building Permit”…. The Decision and Order was been entered by Judge Buchannan on Friday afternoon but the Two Grimditch Boathouses don’t have to come down yet.. But based on most of the conclusions in the court’s ruling, it appears the Grimditch Family may have no choice but to take down the boathouses.. Further on in Page 16 of his ruling, the judge highlights the fact that their building permit applications were in fact denied but no appeal was ever made..
Attorney Briggs says the depositions will be held before October 31st and once that’s all concluded, in his view, the court will be in the position and poised to render the summary judgement motion which says “Take the Buildings Down” and he continued by saying he expects the Grimditches will appeal the judgment to the Appellate Court.. The family can ask for a stay of execution, but it’s not granted, the two Lake Placid boathouses will come down.. There will have to be a special hearing to determine the amount of fines which the court will require over and above the order to take the boathouses down. While none of the board members were willing to speculate on the how much of a fine the court may issue, it appears from the wording of the Judge’s ruling that the amount they’ll have to pay in addition to taking down the boathouses could be substantial.