Judge rules town’s case against Sylvia can go forward

BELMONT — A judge has declined to dismiss the town’s case against state Rep. Michael Sylvia alleging the lawmaker’s illegal occupancy of structures on his Farrarville Road property.

Sylvia had sought the dismissal of the case on the grounds that he moved off the property and since last fall has been living in an apartment at 312 Daniel Webster Highway (Route 3).

The town, however, objected, and said it would only agree to a dismissal of the case if the court issued a permanent injunction barring Sylvia from moving back to the property until he obtains all the required building and occupancy permits.

Sylvia offered no comment about the ruling, but said he is scheduled to sit down with town officials for a mediation session around May1. “Other than that we will be ready to go trial,” he said.

The town took Sylvia to court last August, alleging that for seven years he had been living in a recreation vehicle and a converted garage, both of which are unauthorized because he never got the required permits. In addition there is no record of a working septic system on the property, the town alleges.

At a hearing last month, requesting dismissal of the case, Sylvia told Judge James D. O’Neill III that the town’s case against him is without merit.

In his ruling, issued Tuesday, O’Neill said Sylvia’s arguments for dismissal of the case were unpersuasive.

“There’s still remains the issue of permanent injunctive relief and civil penalties (to be resolved),” he wrote.

A full-day bench trial (no jury) on the town’s suit is scheduled for June 24.

O’Neill also said in his ruling the matter of civil penalties should be decided after that trial takes place..

The town says Sylvia owes in excess of $160,000 in civil penalties, and he should be required to reimburse the town for its legal fees which so far exceed $2,100, according to court records.