Tree woes prompt GOP chair’s legal action against Republicans on Malta board

MALTA — The town’s Republican committee chair is taking legal action against the GOP-led town for failing to remove trees on a town easement that he fears will crash down on his driveway.

For nearly two years, Ted Willette said he has been asking the town to take down a dozen willows bordering his driveway that an arborist deemed at “risk of failure.” However, the attorney hired to handle the matter for the town told Willette’s attorney that it’s a private matter that involves the neighboring Meadow View Estates and its homeowners’ association, not the town.

Willette said that’s not true, arguing the trees are on a town easement on which the town mows, trims brush and maintains a retention pond.

“When it came to the trees, they said they are not responsible,” Willette said. “But the state says if they have an easement, they are responsible. I’m stuck in the middle.”

Town Supervisor Mark Hammond did not return a phone call on the matter. Outgoing Councilman Tim Dunn said it’s not appropriate to comment on pending litigation. Leah Everhart, the special counsel hired by the town to deal with the tree dispute, said she cannot comment the matter.

Willette has filed a legal claim with the town. It is a precursor to a lawsuit.

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Willette’s attorney, Oscar Schreiber, said he tried to settle the matter out of court. He spoke at a May 22 Town Board meeting about the issue. He followed that up with a May 30 letter to the board, town attorney and town clerk that included the arborist report.

“The town was not interested,”…

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