The chairman of an upstate county legislature should not be compelled to answer questions in a deposition about a decision he and other lawmakers made in executive session to allow a landowner to buy back property he was about to lose because of nonpayment of taxes, Northern District Magistrate Judge Randolph Treece (See Profile) has determined.
Treece denied a motion to compel by litigant Tom Fortunatus, who contended the testimony of Clinton County Legislature Chairman James Langley about discussions that led to property owner Mark Liberty being given the opportunity to buy his land back is crucial to Fortunatus’ federal case. Fortunatus alleges in his federal civil rights action, Fortunatus v. Clinton County, 8:12-CV-458, that he was denied a similar opportunity to buy back his home for non-payment of taxes because he is black.
