Hillburn: Ramapough Nation Chief accuses village officials of retaliation in lawsuit
HILLBURN — Ramapough Nation Chief Dwaine Perry is accusing village officials of harassment and retaliation over a parking ban at a vacant lot he says has been in use for decades.
In a lawsuit filed in state court, Perry claims his opposition to zoning updates led Mayor Joseph Tursi to retaliate against him. Perry claims he and others have been parking in the lot across from his family's Boulder Avenue house for generations.
The lawsuit states Perry became the target of the "frivolous abuse of power by village officials to engage in a conspiracy to intimate, harass and retaliate against Chief Perry for expressing his opinions and concerns at a public hearing in violation of Petitioners constitutionally protected rights."
Hillburn lawsuit papers: Dwaine Perry takes Hillburn to court over parking lot ban
Response: Hillburn responds to Dwaine Perry's lawsuit
Perry in the legal action asks a New York State Supreme Court judge to order the village to remove the no-parking signs and pay his legal expenses. He also asks the judge to sanction the village officials.
The village denied Perry is the target of retaliation and claimed he's long desired to buy the vacant lot from the village, asserting he has intimidated residents from parking on the site. When Perry and other residents couldn't reach an accommodation, the village put up the no-parking signs, according to the village's response.
"Fixated on obtaining the property, (Perry) had concocted a fictitious scenario ... to achieve its goals," the village responded.
The village noted the zoning amendment to which Perry opposed, which allow for private schools and houses of worship, corrected previous prohibitions found unconstitutional by the courts.
"Although his remarks were irrationally bigoted, his comments are unrelated to the village’s right to terminate his impermissible use of the village-owned property after being advised that he could not park his vehicles on the property," the village states in court papers.
Village seeks dismissal
Perry's status as the elected chief of the Ramapough Munsee Lunaape Nation is irrelevant to the dispute. Perry also is a disabled and decorated Vietnam War veteran and was elected to the Rockland Civil Rights Hall of Fame.
Village Attorney Terry Rice is urging the court to dismiss Perry's legal action, filed by attorney Susan Shapiro.
"We believe that the village's motion to dismiss the action will be successful because the complaint is legally insufficient and factually erroneous," Rice said.
Hillburn, a village incorporated in 1893 of just more than 1,000 residents tucked between the Ramapo Mountains and Ramapo River on the New Jersey border, has owned the five-acre vacant parcel since 1937.
The village claims residents were permitted to use the property for personal parking. Citing government minutes, the village papers state Perry interfered with his neighbors' ability to park. Four years ago, the Board of Trustees declared if the neighbors could not cooperate, the village would terminate its permission to use the property for parking and post no parking signs.
The village installed no-parking signs on March 3, according to Perry's legal action. The assistant building inspector, Lawrence McMannis, issued a violation notice on Feb. 28 and the village threatened to remove Perry's truck and trailer, and fine him up to $250 a day if he continued parking, his legal claim states.
Suit claims harassment
Shapiro argues in court papers the order was "jurisdictionally defective and unlawful, as no such violation exists" in the village code. She said the no-parking signs were "installed without due process or resolution by village trustees."
She said the Perry family has parked in the lot for 100 years until March. Perry spoke at a "public hearing questioning a proposed zone change to allow private, segregated, uncertified, elementary and secondary schools."
"This attempt by the village to tow Chief Perry's vehicle prior to even the posting of no-parking signs shows the village's true intent — prejudicial harassment," Shapiro said. "Due to Chief Perry's disability the village actions have caused him serious injury as he has no safe place to park his car and as there is no public transportation or even sidewalks the Village's action deny him the safe use of his home. "
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal. Read more articles and bio. Our local coverage is only possible with support from our readers.
This article originally appeared on Rockland/Westchester Journal News: Ramapough Nation Chief accuses Hillburn officials of harassment
