At issue was a building permit granted to Mark La Valley of Cooperstown. La Valley wanted to erect a two-story, 5,000 sq. foot building for his event-planning business on the road, which is in an RA-2 residential-agricultural zone.

According to court documents and a written statement from one of the plaintiffs in the suit, several neighbors protested the action at meetings and hearings held by the planning board, citing concerns that the business was not allowed in the zone and would disrupt the rural setting.

Despite the concerns, the planning board unanimously voted to grant La Valley a permit during a meeting June 6, 2006. Represented by attorney Les Sittler, 12 residents on the road filed an Article 78 suit.

In his decision, Dowd ruled that the planning board’s decision was void because the board incorrectly classified La Valley’s business as a "service trade establishment," which allows businesses affiliated with "construction, building trades or maintenance businesses" and would have been a permitted use on Keating Road.

"The ordinary meaning of "construction," "building trades," or "maintenance" businesses does not include a business that provides lighting, audio/visual, staging, tenting, dance floors, tables, chairs and other items needed for "events," Dowd wrote.

Bill Bowers, one of the suit’s plaintiffs, said the neighbors were glad they won, but sorry it went to court in the first place.

"We’re really sorry that we had to go to such lengths to get the planning board to follow the town’s own laws," he said. "We told them many times that they were making a mistake, but they wouldn’t listen."

The planning board was represented in the case by attorney Margaret McGown, who is no longer the board’s attorney. She said the planning board does a remarkably good job of decision making and seeks to make the right decisions, as they did in this case.

"The court chose to say they made a wrong decision," she said. McGown said she did not know if the planning board would appeal the decision.

Current planning board attorney James Ferrari said he did not know if the board planned to appeal, as he had only been appointed to the position recently.

Several calls made to planning board chairman Jonathan Bass’ home were not answered.

La Valley said he preferred not to comment as it was an issue between the town and the neighbors.