On September 14, 2022 the Town of Caroga Board passed three bond resolutions to enable borrowing of a total of $1,557,000.00. The Town Board has already committed a few legal mistakes. The bond resolutions needed to be published at least 24 hours in advance of the Town Board meeting: they were not. The resolutions needed to be published in their entirety: they were not. The full language of the resolutions was not published until the following week. These legal errors are sufficient to enable an Article 78 challenge. Nevertheless, if such a challenge were mounted, the Town Board would simply need to start over and pass the resolutions again, but this time following the law.
These bond resolutions are also subject to permissive referendum. Three petitions were presented to the Town Board, each with 62 signatures. The Town Board plans to complete construction of the Salt/Sand Storage Building using existing funds, so that bond funds could never have been used no matter the outcome of any referendum.
Copyright © James McMartin Long 2017–2022