Justice Gretchen Walsh's annexation decision

Dear Nieces and Nephews:

The Judge handed down her decision in the Annexation lawsuit in favor of the 164 acre annexation, the Village Board in Kiryas Joel has voted to commence the annexation process and it looks like the group of municipalities that sought to halt the annexation have decided to appeal.

Auntie and the Team thought it was worth at least a cursory glance towards Justice Gretchen Walsh’s background to understand why anyone would decide that the EIS submitted by Kiryas Joel was “adequate”. We all know that the water and sewer calculations, along with any population projections were Inadequate. 

The current area of KJ is 1.1 Square miles, which is about 705 acres. 164 acres is only 0.25 square mile. When you project out to twenty years you see plainly the 164 acres is not enough to address the needs of KJ and their real growth rate. Even with  the larger annexation bid (504 acres or 0.78 sq miles), there would be over 40,000 people in less than 2 square miles, an even more dense population than today. (BTW, “The Town of North Monroe” will add about 325 Acres or approximately 0,50 square mile.) The point is that the 164 acres is inadequate, the 325 is inadequate and the 507 is inadequate for the Village’s purposes. So what’s next? To live in Orange County you must live like sardines in a can?

Judge Walsh did not properly consider the growth rate and its effect on resources (properly done with a 20 yr horizon) such as sewer capacity; water availability; sensitive water basins; air pollution: water pollution; noise pollution and traffic. More traffic will impact a road system already overburdened by high volume and will be even more so when the casino in Sullivan County, Legoland, and water parks are built. Judge Walsh apparently did not consider that this annexation is a SEGMENT of an overall annexation land grab and contrary to SEQRA.

We also wonder how anyone could determine that it is in the “Overall Public Interest”, not just the interests of one community. How is this annexation in the interests of Monroe, Blooming Grove, Woodbury and Orange County?

STEVE SAID: that he still believes Kiryas Joel's annexation "is not in the overall public interest" - the legal standard for approving such border changes. And he is correct. Let’s hope he has stated this with conviction, but don’t be surprised if the county decides not to be included in the appeal.

Judge Walsh did not really consider the “overall public interest” in our opinion. It appears that she interpreted “public interest” as “KJ’s interest.”

After reviewing Walsh’s background, we begin to understand her decision.

Judge Walsh’s resume:

http://nebula.wsimg.com/fbbe51c5ed3fcff3c04e0745f8379bae?AccessKeyId=60BA2E91B45AE318256B&disposition=0&alloworigin=1

highlights her administrative experience (clerk to the Honorable Alan Schenkman); Surrogates court; her background in mediation/ADR; probation; youth matters  Judge Walsh was on a judicial panel with Judge Schenkman and she was also involved in panels on judicial diversity and a Task Force on Probation. 

http://www.nycourts.gov/ip/adr/CourtAnnexedADRPrograms.pdf

http://www.nycourts.gov/courts/9jd/assignterms/2016/2016_10th_term.pdf

http://www.nycourts.gov/whatsnew/pdf/ProbationReport11.08web.pdf  

Judge Walsh does have a few years’ experience as a member of the planning commission in the village of Pleasantville, where It appears she addressed routine projects and approvals, http://www.pleasantville-ny.gov/Pages/PleasantvilleNY_PCagendas/?Lower=201-220&Upper=1-200  

But nothing in her background, while admirable in some respects, screams “environmental law experience” or “great knowledge of SEQRA”

And just for fun, here is another Walsh ruling, about Carmen Dubaldi's campaign tactics:

http://www.recordonline.com/news/20160707/defamation-lawsuit-against-dubaldi-dangelo-can-proceed

“Walsh wrote that, due to the question mark, the average reader of The Sentinel ads wouldn’t assume the subject had a criminal record. She dismissed that portion of the claim.”

What would they assume? The implication was there that the plaintiff was a criminal . Most people probably focused on the “mug shot” not the question mark.

And people voted for her. Yes that's right, these judicial positions are elected.and most people do not even know what a Supreme Court Justice does. When campaigning for the spot, she opined as follows.

WALSH SAID: “I believe that my experience, qualifications, character, and dedication to the pursuit of the administration of justice make me the best candidate for Supreme Court Justice.” Walsh cites her experience in the private sector as a litigator at Kelley Drye & Warren, LLP, and in the public sector with the court system.”

“Having worked on both sides of the bench, I understand the different perspectives in a litigation and what it takes to balance the needs of the parties, attorneys and the court so that cases are resolved fairly and efficiently as justice delayed is oftentimes justice denied.” http://www.gretchenwalsh2015.com/

Auntie and the Team do not think you demonstrated “balance” and “fairness” in these matters. Let’s hope that the next level in the NYS Court system demonstrates more of those qualities. 

(FYI In NYS: the 'Supreme' Court, unlike other states is NOT the highest court in NY)