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TICONDEROGA — The State Court of Appeals has affirmed a Chilson woman's right to be reimbursed for legal costs fighting an eminent-domain proceeding.
The Court of Appeals said Georgia Hargett can recover her legal expenses from the time the Town of Ticonderoga brought eminent domain to when the case was decided in her favor.
Costs incurred before and after those dates are not part of the decision, the court ruled.
"The parties to this appeal have made no arguments as to which particular costs may be recompensed; rather, this appeal is limited to whether there is an entitlement to reimbursement," the court wrote in the decision.
"We therefore conclude that reimbursement for attorney's fees and other costs incurred by a condemnee may be sought — after it is determined ... that the condemnor lacked authority to pursue the proposed acquisition."
In 2007, then-Highway Superintendent Philip Huestis brought eminent-domain proceedings against Hargett to claim part of the road in front of her Killicutt Mountain Road home in the hamlet of Chilson.
At the time, Hargett told the town she owned what had been a public road in front of her home and had erected a gate to bar traffic.
The filing said eminent domain was being used for a snow-plow and school-bus turnaround and for recreational purposes for winter snowmobile access. Snowmobile trails in the area have since been redefined to avoid the property.
The courts ruled Huestis didn't have the authority to take the land for recreational use, and the decision was in favor of Hargett. She then sued to recover her legal costs.
State Supreme Court said the town didn't have to pay the fees, but, on appeal, the Appellate Division of State Supreme Court ruled that Ticonderoga did have to pay. The town then appealed to the Court of Appeals, which affirmed the Appellate Division decision.
Hargett said Friday that she was glad the case was over.
"We won our case at the Court of Appeals. They can't go any higher. It's been a terrible ordeal for my family."
The court said it was not ruling on which fees can be reimbursed but was returning the matter to State Supreme Court to make that determination.
Ticonderoga Supervisor Robert C. Dedrick said the issue is now expected to go to Supreme Court Justice Robert Muller.
"He'll make a decision based on the attorneys' fees. Everything will be put in as evidence. That's important to us because we did not want to go back (to pay earlier costs). We're going to have to pay, but it's a small window."
He said the town wanted the roadway so it could use a pre-existing turnaround for snow plows and school buses.
"They now have to back up for some distance on that road until they can turn around."
E-mail Lohr McKinstry at: lmckinstry@pressrepublican.com
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