FOLLOW UP: Boonville Village Attorney reacts to Notice of Claim served amidst ongoing public conjecture

BOONVILLE- Village Attorney Jessica Young has responded to the notice of claim which has stirred up a local controversy in the aftermath of an explosion that destroyed the Abundant Life Church in February.

The explosion sent Church Pastor Brandon Pitts, three firefighters and the Boonville Fire Chief to the hospital, but fortunately, there were no fatalities.

It officially became public this week that a notice of claim had been served to the village, town and the fire department.

According to a previous report from the New York State Police, heavy snow loads made the roof dip, which resulted in a damaged propane line. 

The fire department responded to reports of a gas leak at the church when the explosion occurred. 

As previously reported, a notice of claim is typically the first step taken when a lawsuit is looming, but the law firm office in Syracuse, NY responsible for constructing and serving this claim and then going on the record with Flack Broadcasting and now numerous other sources, remains consistent in stating that no further lawsuit or legal action is expected on behalf of Pastor Brandon Pitts or his family.   

See an official copy of the claim via Village Attorney Jessica Young:  

So why was the claim served if no further legal action is intended? While speaking with Attorney Raymond J. Dague, from the Dague Law Office, he referenced Section 50(E) of New York State General Municipal Law, as indicated in the first part of the claim. 

Attorney Dague has since told reporters from the Boonville Herald and Sentinel Media Company that this claim has to do with insurance.  

“You need to do this in order to preserve any claim against an insurance company," Attorney Dague told the Sentinel Media Company. "So we’re talking insurance companies.”

As required, the claim was served within the 90-day time frame and preserves the right to take further action, but as Attorney Dague keeps emphasizing, Pastor Pitts and the Pitts family have no further intent of taking any further action. 

On the other hand, this is where Village Attorney Jessica Young has raised concerns. According to her stance on the issue, it is not the claim she takes issue with, but rather the wording and verbiage used, especially against the village, town and fire department. 

"I think the last sentence of this notice of claim makes it difficult for the general public to understand what is going on, because it does seem contradictory," Attorney Young told us. 

"I have issues with the allegations, pointing the finger and placing blame on the town, the village and the fire department."

Several benefits were held to raise money for the fire department and Pastor Pitts in the weeks following the explosion. 

NYSP image.