Williston Park threatens to sue over water bill

Williston Park has served East Williston with legal notice that it intends to sue the village over more than $200,000 in unpaid penalties and other fees in a long disputed water bill.

A lawsuit would be the third related to rate hikes involving the two communities.

A notice of claim dated Sept. 18 "was served by mail a few weeks ago on the village clerk," Williston Park Village Attorney James Bradley said Wednesday. "I served that as the first step to a lawsuit."

East Williston Mayor David Tanner said Wednesday that the lawsuit is "not constructive, and it's groundless."

The three-year battle over rate increases seemed to be ending in July, when the state Appellate Court denied East Williston's attempt to block a 13 percent increase. Tanner paid the $254,330 late bill following the decision but refused to pay more than $200,000. He said the village had "overpaid."

Williston Park officials said in the legal notice that after the July decision, East Williston made a partial payment toward the arrears for payments it withheld for water supplied after Aug. 1, 2012, "and has refused to pay in full these arrears."

It adds, "Upon information and belief, the unpaid balance owed by the Incorporated Village of East Williston amounts to approximately $210,135.47 as of August 31, 2014 and continues."

Williston Park Mayor Paul Ehrbar said Wednesday that he tried to avoid the legal action. "Since day one, we've been trying to resolve this peacefully without the courts."

Two lawsuits were filed by East Williston over the rate hikes. The first followed the 13 percent increase in April, 2011, when the court found that Williston Park had failed to hold a public hearing before imposing the hike. Another court action was filed when the rate was raised to $4.33 in August 2012.

East Williston claimed the rate was "arbitrary and capricious" but in the July ruling the appellate panel said the increase was not irrational.