Earlier this month Judge Kevin Dowd found in favor of the village and refused to set aside the decision made by the village planning board to approve builder Don Archer’s plan for a single-family rental home at 31 Lake St.

Judge Dowd previously found against the Scharfs in another Article 78 proceeding aimed at reversing the planning board’s approval of a subdivision for their neighbors, Robert and Susan Schneider. The Schneiders created a new building out of what had been their back yard and planned to sell it Archer for his new rental housing. The Scharfs are currently appealing that decision.

In his recent ruling, Judge Dowd states he found no error of law or violation of lawful practice.

``The planning board had extensive information before it and several meetings addressed the issues presented. Petitioners (Scharfs) quest for additional information or dissatisfaction with the information provided does not provide a basis to set aside the board’s decision.’’ Dowd wrote.

``I am pleased with the decision,’’ said village attorney John Lambert. ``I think the planning board did a thorough job evaluating the site plan. I’m glad the judge recognized the board made a sound decision.’’

Planning board chairwoman Teresa Drerup said she, too, was pleased with the outcome.

``The decision upholds our procedures and shows we didn’t do anything wrong; that we took the right steps,’’ she said.

Both cautioned, however, that it was a long way from being over.

Scharfs have appealed the first decision and are likely to do the same with Dowd’s most recent ruling _ a process that could take many months or years before being finally put to rest. During the planning board’s review of the subdivision application and the site plan review, the Scharfs had argued that a new house built next to theirs would create drainage problems and be out of character with the remainder of the neighborhood.

Scharf could not be reached for comment.