Mike Ferguson

Fredonia Mayor Michael Ferguson said there wasn’t going to be any talk about the latest lawsuit against the village at Tuesday’s Board of Trustees meeting. There was, anyway.

Ferguson announced village lawyers Webster Szanyi advised officials not to allow public comments on the lawsuit against the trustees’ Sept. 10 resolution to decommission Fredonia’s reservoir and acquire water from the North County Water District.

“I see we have a lot of folks here … we will have our public discussion on topics that are germane to tonight’s schedule,” Ferguson began. “And with that, as per the advice of our attorneys this afternoon Webster Szanyi, there will be no discussion or public discussion about the lawsuit or the reservoir at tonight’s meeting.

“If you would like to take that up, take that up with our attorneys,” the mayor added. “It is only fair to you, and to the people who submitted the new lawsuit, (and) to us as a board, because we cannot respond.”

James Lynden, the former trustee who turned into a Village Hall critic after getting voted out of office, tested Ferguson on that. Lynden is one of the three village residents who filed the latest lawsuit.

Lynden tried to address Ferguson comments to another media source about the lawsuit. “The utter gall you had to ask the community to come out and speak against the other residents of this community who have the legal right to question this governing body… and saying that the cost that was borne on this last lawsuit that this board lost in (state) Supreme Court was the blame of the residents who questioned them,” Lynden said.

He was referring to a successful court action against a December 2023 village move to decommission the reservoir and acquire water from Dunkirk, which is also the North County Water District’s supplier.

“You heard what you want to hear. You cost this village $32,885.36 with the last lawsuit,” Ferguson said. “So now you put in another one. That came from these residents, the residents of the village.”

“Sir, that happened because of the lack of procedural legal action that this board … did not take properly,” said Lynden.

Ferguson attempted to close the meeting’s public session. Lynden tried to continue speaking while Ferguson asked him to leave the podium at least three times.

Lynden did step down, but the commotion continued briefly.

“If you had proceeded properly you’d already be well on your way…” exclaimed Andrew Ludwig, another regular Village Hall critic who expressed more of his usual outrage, along with defending himself against an OBSERVER letter writer, just before Lynden spoke.

“Gentlemen, I’m asking you both to leave the room,” Ferguson cut him off.

“I’m happy to leave. But your screwups, not ours,” retorted Ludwig.

“You made the error and you got held accountable!” exclaimed Beverly Mosier from the crowd.

Ferguson immediately thereafter also asked her to leave, too. Mosier heatedly criticized the village government and Ferguson some more on her way out the door.

The OBSERVER asked Ferguson for comment on the new lawsuit Monday but received none. However, after Tuesday’s meeting, the mayor mentioned the previous lawsuit’s cost to the village again in a text. Ferguson added: “And now we are going to have to spend additional unbudgeted lawsuit expenses for this money too. So who’s recklessly spending taxpayers money?”