Sandy Lewis Won, and Now He Wants His Legal Fees

As this blog has reported before, Salim “Sandy” Lewis is not a man to be messed with. He sees things out to the end. And now he wants someone to cover his legal fees.

You may recall that earlier this year Lewis won a lawsuit brought against him and his organic farming operation by the Adirondack Park Agency (APA). The lawsuit was essentially a permit dispute. Lewis had obtained city permits to build three “farm-worker houses” at the Lewis Family Farm Inc. in Essex. Part of the farm is located in the Adirondack Park, so the APA thought Lewis should have gotten a permit from them and took him to court. Lewis argued that since the state law exempts farm buildings from the permit requirements, he didn’t need any permission from the APA to build the structures.

Well, Lewis won, and it apparently it cost him $208, 000 in legal fees to defend the lawsuit. He wants his court costs covered. And according to Lohr McKinstry’s article for the Press Republican online, Lewis explained as much “[i]n a press conference punctuated with profanity and shouting . . .” As Lewis explained, he feels ‘“This (case) was well orchestrated and all part of the rain dance at the APA. I have never seen such a goddamn conspiratorial collection of morons in my life.”’

Having already lost one appeal (in the Appellate Division of the State Supreme Court), the APA, through spokesman Keith McKeever, confirmed they will not appeal the case to the State Court of Appeals.

Lewis’s motion to collect legal fees was filed on August 13, 2009. The authority to collect the legal fees comes under the State Equal Access to Justice Act, according to Lewis’ attorney John J. Privitera. The APA must file their response by August 28, 2009. September 4, 2009 is the tentative date for the court to review the motion.

To read a previous United States Agricultural and Food Law and Policy Blog post click here.

To read the McKinstry article click here.

Posted: 08/21/09