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The
attorney for a family who harbor farm animals on their
property in the village of Angelica believes the village's
case against them is “destined to fail.”
W. Ross Scott of Andover, who represents Stephen and
Linda Voith, explained in a press release that village
officials know the Voiths are “in full compliance
with the animal permit law” which requires a certain
amount of acreage to keep livestock.
Mr. Scott said the Voiths' livestock includes four
cows and one goat. The acreage required by village
law is a minimum of 10, and according to Mr. Scott
the Voiths have had access to more than 10 acres for
quite some time.
“They had an oral lease with a neighbor before to
get more than 10 acres,” said Mr. Scott. “Now they
have a written lease.
“I don't think the village has much of a prayer of
proving beyond a reasonable doubt that there was no
oral lease.”
The Voiths live on a 2.5-acre lot and lease a 12-acre
plot of land 600 feet from their home.
On Tuesday, Rushford Town Justice David Brautigam
dismissed charges of harboring farm animals without
a permit that had been pending against Stephen Voith.
Mr. Voith, his wife and their three children keep
the animals for religious purposes — they are Hare
Krishnas. Justice Brautigam's ruling indicated the
village's filings lacked complete information on how
the Voith's violated the ordinance.
Attorney Raymond Bulson of Cuba, who is serving as
a special prosecutor for the village, said Thursday
he would refile the charges.
Mr. Scott said if the village refiles its claims against
the Voiths it could possibly be viewed as harassment
because it knows that the Voiths are complying with
the law.
**“Refiling would thus be an exercise conceived in
malice and destined to fail, which is the legal definition
of malicious prosecution,”** he wrote.
Mr. Scott added that the village may be overspending
in this case.
“The Voiths very likely would have been willing to
sell their property to the village (of Angelica) and
move away for less than the village has spent on attorney
fees to date,” he wrote.
Both Mr. Scott and Mr. Bulson were scheduled to be
in Olean on Wednesday for a pretrial conference with
State Supreme Court Judge Michael Nenno. Mr. Bulson,
who is arguing for an injunction against the Voiths,
said he will “continue to argue the issue that (the
Voiths) cannot keep violating the village of Angelica
statute.”
Mr. Scott said the refiling of the charges against
the Voiths, if they are refiled at all, would likely
not happen until after the proceedings are completed
at the New York State Supreme Court level.
On Wednesday it is possible that Judge Nenno could
set a trial date in the civil case against the Voiths,
and Mr. Scott said it is not customary to have both
a civil and criminal trial on the same issue at the
same time.
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