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Herkimer County wins legal battle over jail, village expected to appeal

By JOLEEN FERRIS

Story Created: Aug 22, 2012 at 5:33 PM EDT

Story Updated: Aug 22, 2012 at 5:33 PM EDT

HERKIMER, N.Y. (WKTV) - A New York State Supreme Court Justice's decision late Wednesday afternoon has one side planning a jail and the other side planning an appeal.

"We can do some of the permit work on the application and as far as the physical work, it will probably have to be delayed 'til if an appeal is applied for," says Vincent Bono, Chairman of the Herkimer County Board of Legislators.

Bono says Herkimer County is spending a fortune boarding out inmates and needs a new jail desperately. He is pleased with Wednesday's decision, which clears the way for the county to begin planning its proposed jail on the former P&C site on Route 28 in Herkimer.

Justice Erin Gall found a village ordinance specifically prohibiting jails in the commercial district in question null and void. She also ordered the county to re-submit its applications for sewer and municipal service from the village for its new jail, saying she'd oversee the process.

Village of Herkimer Attorney Michael Longstreet hopes Wednesday's defeat for the village is temporary.

"I have to consult with my clients but I assume they will appeal the decision," says Longstreet.

The next stop would be the Appellate Division in Rochester.

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