The Saratoga Lake Protection and Improvement District, The Saratoga Lake Association and the Towns of Saratoga and Stillwater - petitioners in the litigation -- are very pleased with the decision, which essentially vindicates the concerns we have expressed throughout the process leading to the October 18, 2005, resolution, i.e., that the City had failed to disclose fully the impacts of future development on the Saratoga Lake watershed. In so doing, the Court held that the City’s “conclusion, convenient and facile, does not satisfy SEQRA.”

The City was faced with the choice of:

1) purchasing water from the county

2) going back and conducting studies to close this gap in the study to satisfy SEQRA's hard look requirement

3) filing an appeal. The City voted on October 3, 2006 to proceed with filing an appeal of Judge Nolan's decision. The decision was very well written and we are confident that we can defend an appeal successfully. Oral arguments were were presented before the Appellate Division of the Supreme Court on September 12, 2007. We are currently awaiting a decision.

In the meantime, the city has moved forward with its archaeological and wetlands investigations of the Spencer property. This is the property where the proposed pump station will be located. The City will file its final application with the DEC when this investigation is completed. Once that application is deemed complete by the DEC we will have to ask for a public legislative hearing to have our side of the evidence presented.