The Cayuga Heights Deer Dilemma

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Cayuga Heights deer-culling plan spurs lawsuit
Plaintiffs fault village on environmental impact

6:35 PM, May. 24, 2011
Written by
Rachel Stern

A dozen local residents have filed a lawsuit challenging the Village of Cayuga Heights' deer-management program.

The suit was filed Monday in Tompkins County Supreme Court by attorney Arthur Giacalone. It alleges the village's deer-remediation plan is arbitrary, capricious and irrational and does not fully comply with the state Environmental Quality Review Act, according to the petition.

The Cayuga Heights Village Board of Trustees and the New YorkState Department of Environmental Conservation are listed as respondents. The suit was filed on behalf of 12 local residents, eight of whom are residents of Cayuga Heights: Sherene Baugher, Eleanor Benisch, Ann Druyan, Dominick LaCapra, Jane Pedersen, Anne Serling, Catherine Stein, Mary Tabacchi, Charlene Temple, Mari Tiwari, Sandip Tiwari and Gabrielle Vehar.

"I think my clients have a very strong case because the requirements of SEQR really call for a much more thorough and objective review of the potential impacts of a project," said Giacalone, an environmental and land-use lawyer. "On top of that, we think the board disregarded facts and acted in an arbitrary and irrational way."

Village Mayor Kate Supron said papers had not been served, but she was aware of the lawsuit. Supron declined to comment because it is a legal matter, she said.

The board of trustees unanimously passed a resolution April 4 to begin the deer-remediation plan outlined in the environmental impact statement on the project. The village will begin with the surgical sterilization of 20 to 60 does within a two-year period, followed by the culling of the remainder of the herd.

Cayuga Heights resident Mary Tabacchi said she decided to be a part of the lawsuit because the village board left her with no other options.

"At board meetings, those who speak against the plan are more or less snickered at," she said. "We have tried every which way to convince the board this won't work and the deer will come back. Nobody wants to be involved in a lawsuit, but on the other hand we don't want to see animals killed."

Giacalone said the village fails to adequately describe their plan in the environmental impact statement. The specific number of deer that will be sterilized should be stated so the impact can be accurately determined.

"None of the specific details that you need to make an informed decision are part of their actual proposal," he said. "The purpose of SEQR is to help make informed decisions and help the public understand the impacts. Without specificity, you cannot know what the impacts are."

In addition, Giacalone said the board disregarded letters submitted from independent scientists who questioned the validity of killing the deer. He said the village did not gather information that was essential and disregarded other important information.

"The lack of a sound basis in reason for the deer-management plan and respondent Village Board's disregard of the facts are underscored by its failure to acknowledge, much less seriously assess, the significant adverse impact its deer-remediation plan, which could kill up to 90 percent of the Village's deer and leave the remaining 20 does unable to conceive," the lawsuit reads.

The lawsuit asks for the court to annul the resolution that approved the deer-remediation program, annul the environmental review done by the village and order that the program cannot be implemented and no permits can be given until the village fully complies with SEQR.

Giacalone said he has been involved with two similar cases. In 1996, he was part of a case that challenged a bait-and-shoot program in Amherst. The judge nullified the program because of its failure to comply with SEQR, he said. In 1997, another judge nullified the program again, he added.

As of now, State Supreme Court Judge Phillip Rumsey will hear the case June 24 at 9:30 a.m. at the Tompkins County Courthouse, Giacalone said.

http://www.theithacajournal.com/article ... |FRONTPAGE
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oh vie!
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It's going to cost a million dollars to kill 100 deer.
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