Oswego man fights to get back home that was seized and demolished by a hydropower company

OSWEGO, N.Y. -- For Mark Plumley, it was a dream come true.

In 2003, Plumley paid $95,000 for a camp on the Salmon River. He then invested another $100,000 in the property located in the Oswego County town of Redfield.

"I kept my dock right in there with the boat right beside it," said Plumley as he pointed to where his camp used to be. "We had all this. To me, this was paradise"

Now it is paradise lost. All that remains of his camp is a child's sandbox near the shoreline.

"My daughter Courtney used to sit right in there," said Plumley with tears in his eyes.

Just two years after he bought it, Plumley and 18 other camp owners were sued by Erie Boulevard Hydropower. In the lawsuit, the company claimed it owned the land the camps were built on. Plumley felt safe since everything about his purchase of the camp was properly documented.

"Warranted deed, title and insurance," said Plumley.

In the lawsuit, Erie Hydropower claimed that a company called the Salmon River Power Company had purchased the land back in 1912 then sold it to Niagara Mohawk who sold it to Erie in 1999. The power company's position was that 50 years of previous owners who had built houses, paid taxes and held deeds had never actually owned the property.

"They own what we own," said Plumley.

Plumley says the camp owners were told by attorneys for the company that Erie needed the land next to the Salmon River for a Hydropower project. In documents filed in connection with the lawsuit, Erie said it needed all property under 940 feet above sea level for the Salmon River project to comply with Federal Energy Regulatory Commission guidelines.

Mark Plumley believes his deeds, documentation and legal records dating back to the 1930's prove his property was never sold to the power company and show generations of previous owners who paid taxes for the property. Previous owners told Plumley Niagara Mohawk had asked for permission to go on the property and do power line work. Plumley says he asked the Erie Hydropower attorneys why Niagra Mohawk had been asking permission to go on property the company claimed to own?

"They said, do you have any such paperwork?" said Plumley. "Well not in front of me right now. They informed me that it did not exist"

After extensive research, Plumley was able to prove the paperwork did exist and obtained multiple easements showing Niagara Mohawk asked for permission to go onto the property.

One of the key pieces of evidence submitted by Erie Hydropower was a lease Erie said a previous owner had signed with Niagara Mohawk in 1991 acknowledging Niagara Mohawk owned the land. Plumley's attorneys hired an international handwriting expert who concluded with "reasonable certainty" that a signature on the lease was not authentic.

In his decision on the 2005 lawsuit, the judge did not give many details but ruled in favor of the power company saying "Erie is vested with superior, absolute and unencumbered title" to the property.

Even though Erie had won, the judge recommended the hydro power company settle with all the camp owners. Erie made what was later referred to as a "global settlement" offer. If camp owners agreed that the power company owned their property, they could lease their land back. All the camp owners including the Plumleys rejected the offer.

Erie went back to court in 2006 and a court order was issued barring Mark Plumley from entering the property he had invested so much money in. Mark Plumley never received any compensation for his camp.

"When we were all said and done, I figure I had $225,000 in this altogether," said Plumley.

Despite the devastating decision, Plumley did not give up and started researching. He and his neighbors were told by attorneys for Erie Hydropower the company needed all land on his section of the salmon river below 940 feet above sea level for safe operation of a hydro-electric plant. Plumley wrote to the Federal Energy Regulatory Commission and was surprised by the report he received back. Plumley learned the Salmon River project had never been approved for 940 feet above sea level.

"It was a lie. it was not 940. it is 937," said Plumley

The report he received showed the salmon river project was only approved to 937 feet above sea level. A survey Plumley had done shows the backdoor to his house was 940 feet above sea level.

Erie Hydropower says it gave Plumley time to remove his belongings. An auction of Plumley's camp was scheduled for September 12th, 2009. On August 31st 2009, Plumley's attorney asked for an immediate court order to prevent the power company from demolishing the camp building until his case was resolved.

The judge overseeing the case denied the request for an immediate order blocking demolition but instead scheduled a hearing on the issue for October 21st 2009. A copy of the "Order to Show Cause" says Erie Hydropower would be heard on "why an Order should not be made enjoining the defendants (Erie Hydropower) from altering, selling, demolishing or razing real property purchased by the Plaintiffs (the Plumleys) in 2003." The delayed hearing concerned Plumley but he says the court clerk told him not to worry, he would have a chance to present his evidence

"They have the survey you provided from your surveyor," Plumley says the clerk told him. "You are going to have your day in court."

That day in court never happened. On October 12, nine days before his hearing was scheduled, Mark Plumley heard from a neighbor.

"Called me and said they are heading for your place right now with heavy equipment," said Plumley.

Plumley watched in disbelief and took pictures as Erie Hydropower knocked his house down just days before the scheduled hearing. In court documents, Erie's lawyers say that since the judge scheduled the hearing for after the auction of the property and since Plumley's attorney had not appealed the judge's decision to deny an immediate injunction - "the practical effect of this was to reaffirm erie's rights in the property." Erie's attorneys added "once again Erie's right were upheld and the Plumleys were adjudged to have none."

"They can not come in and tear your place down and not give you anything," said Plumley as he looked at his pictures of the demolition.

Plumley says that after his camp was torn down, other camp owners told him they felt pressured to make deals with Erie Hydropower.

"If you do not take what we're offering, we'll do the same thing we did to you to the Plumleys. We threw them out and didn't give them anything," said Plumley.

In court filings, Erie Hydropower's attorneys describe the settlement offers as "piecemeal" and different owners got different offers. In a court filing, Plumley's attorney accused Erie Hydropower's attorneys as acting in bad faith.

Some owners got to stay, Plumley says others agreed to leave and their camps were torn down.

"These people lost everything and they (Erie Hydropower) don't even care," said Plumley.

While other camp owners got deals, Plumley never got another settlement offer after the unanimously rejected proposal to turn ownership over to Erie. In court, the Erie attorney's said they did not have to make the Plumleys the same offer they made other camp owners.

"The Plumleys had their chance and took a pass. That should be the beginning and end of this case" said attorneys for Erie Hydropower

Plumley continued to pursue legal action but in 2012, Oswego County Judge Norman Seiter dismissed Plumley's most recent legal motion. The judge said Plumley would have financial sanctions imposed on him if he files another lawsuit related to his former camp.

An appeals court also unanimously ruled in favor of the power company.

"My lawyer said to me, I don't know what else we can do," said Plumley.

Brookfield Power, the company that owns Erie Hydropower, declined to answer any of our questions. A statement from the company said "In the case of the Salmon River Reservoir properties, we pursued an amicable settlement that we were able to reach with the majority of the residents. Over the course of nearly 10 years, multiple courts heard Mr. Plumley's case and all sided with Erie Boulevard, a Brookfield Renewable subsidiary, confirming our ownership and subsequent actions regarding our property."

Plumley has title insurance but has not made a claim. He says taking the money from title insurance would essentially be conceding he is not the rightful owner of the property.

"I've just tried to stay. I said I'm just staying my ground," said Plumley.

He is working with new attorneys and hopes the historical deeds and documents he has found can prove his case in court.

"I never give up because I believe this will be right one day," said Plumley. "This is done by people that... I don't even know. Maybe they don't understand or they feel that this shows what money, power, greed, whatever."

Mark Plumley says that if he gets his camp back he will dedicate a portion of the land as public space for camp owners who had to leave after settling with Erie Hydropower.