7127 Beaujean Road in the town of Chautauqua, just outside the Mayville village limits, has been the subject of multiple complaints about people living in campers and tents, allegedly illegally burning trash and not using proper sewers. The property is close to Chautauqua Lake Central School. Submitted photos

One of three people named in the town of Chautauqua’s code violation lawsuit against the owners of 7127 Beaujean Road has been dropped from the lawsuit.

Chautauqua officials asked state Supreme Court Justice Grace Hanlon in August to rule in the town’s favor, citing the lack of response from Dawn M. Freeman, David A. Freeman Jr., and Daryl K. Freeman Sr. Dawn Freeman then responded through her attorney, with two filings on Sept. 18 – one answering the complaint and another with an affidavit explaining why the lawsuit against her should be dismissed.

Freeman said the area of the property at 7127 Beaujean Road where she lives is properly maintained in compliance with town zoning, property maintenance and building codes. The violations the town is trying to remedy, she said, are found on properties used and occupied by David A. Freeman Jr. Dawn Freeman said she has supported the town’s efforts to force Freeman Jr. to clean up the property.

“I did not file an answer to the original summons and complaint because I welcomed the efforts of the town of Chautauqua to force co-defendant David A. Freeman Jr. to clean up his portion of the property,” Freeman wrote in her affidavit.

“I was very hopeful that the summons and complaint would convince co-defendant David A. Freeman Jr. to resolve all the zoning, building code, property maintenance and other issues with his portion of the property, thus resolving all the outstanding issues and eliminating any need for an answer to the summons and complaint.”

Dawn Freeman said Freeman Jr. has been removing junk and debris from his portion of the property, but that the progress has been slow, prompting her to answer the town’s lawsuit. Joel Seachrist, the town’s attorney, and Andrew Goodell, Dawn Freeman’s attorney, both signed the stipulation of discontinuance filed in state Supreme Court last week.

The lawsuit was filed in October 2024 after neighbors complained for more than a year accusing residents there of illegally burning trash, violating sewer ordinances, living in temporary shelters on the property and using illegal drugs, which the materials have been found on neighboring lands, including school property. The property has been described as a “compound” with anywhere between 15-30 people living there. Twice fire departments have responded to blazes there in campers, one in January and another in April. The code violations were sent before the most recent fire. Neighbors returned to the Chautauqua Town Board in August, renewing complaints against the property.

Julie Lescynski said there are burned out trailers on the property and one of them partially sits on their own property. She also alleged that trash from that property has now landed on their property.

The Lescynskis have been voicing complaints about the property for two years. “Things aren’t progressing here,” she said.

The town’s lawsuit asks Hanlon to direct that any violations be terminated and abated, that the court enjoin the property owners from creating and maintaining a public danger and a public nuisance; directing the defendants to correct, modify, reconstruct or remedy any portions of the property that aren’t up to the zoning and property maintenance codes; authorize the town enter the premises to remedy the violations and nuisances and to levy the expense on the property’s tax bill.