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Court Again Rules in Favor of Butterfield Library
Philipstown ordered to pay full $276,000
by Mike Turton
Putnam County Supreme Court Justice Andrew O'Rourke has again ruled in favor of the Butterfield Library in its dispute with the Town of Philipstown over funding. In a ruling issued on August 14, 2007, Judge O'Rourke has, for a second time, ordered the Town to "pay over to the Library the sum of $276,00" along with court costs.
In a November, 2006 referendum, Philipstown residents voted "yes" by a margin of 1086 to 973, approving $276,000 in funding for the Library as part of the Town's 2007 budget. Once approved by referendum, that level of funding becomes an automatic annual allocation which the Town cannot alter. The Town, citing an error in the general election notice by the Putnam County Board of Elections, notified the library that only $125,000 would be budgeted. The Library took the matter to the Putnam County Supreme Court, asking that the Town be compelled to pay the full $276,000. The court ruled in the library's favor on May 4, 2007, however, the Town requested and was granted the right to argue against the decision. Judge O'Rourke's decision last week dismissed the Town's argument and once again ordered that the Library be paid the full $276,000.
The Town has filed notice with the court, reserving its right to formally appeal the decision. Philipstown Supervisor Bill Mazzuca declined to comment on Judge O'Rourke's August 14th ruling, indicating that because the Town's attorney, Richard Goldsand, was away on vacation last week, the Town had not yet received a copy of the decision. "The Town Board will have to decide whether or not to appeal" Mazzuca said.
Library Director Gillian Thorpe was very clear in her view as to what that decision should be. "It would be good if the Town does not appeal and stops wasting taxpayers' money" she stated. "Both sides have spent a lot - even though the election was certified and uncontested" she added. Thorpe went on to say that "We never made a mistake. We did everything we were supposed to do. That's why the judge has ruled in our favor twice."
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