A years-long legal battle over the status of a roadway at the end of Champlin Avenue could be nearing its conclusion as the Village of Penn Yan prepares to approve a settlement agreement with property owner Douglas Marchionda.
Village trustees have scheduled a special meeting for 8 a.m. Friday to consider a resolution authorizing Mayor Patricia Christensen to execute a court-ordered settlement agreement that would resolve two separate lawsuits involving the roadway and the use of Marchionda’s property for vehicle-related business operations.
According to documents included in the meeting agenda, the settlement would end litigation that began in 2024 after the village declared Champlin Avenue and a roadway crossing Marchionda’s property to be public streets. Marchionda challenged that determination in court, arguing the roadway was not a village street and seeking damages related to alleged violations of his property rights. A second lawsuit filed in 2025 challenged amendments to the village code governing vehicle storage and repair operations.
Under the proposed agreement, the village would release its claim to a 30-foot paper street shown on a 1911 subdivision map and acknowledge that portions of the roadway crossing Marchionda’s property are not village streets. The village would also repeal its 2024 resolution declaring the roadway a public street and abandon any claims to a prescriptive highway through the property.
The settlement would preserve village access to a portion of Champlin Avenue already recognized as a public street and allow village crews to continue turning around snowplows and maintenance vehicles near the roadway’s terminus, provided those activities do not interfere with the use or development of the Marchionda properties.
One of the most significant provisions would require the village to amend Chapter 186 of its code to create an exception for state-licensed motor vehicle repair shops. The proposed settlement states that the local law must be acceptable to Marchionda and includes language that would prevent future repeal or amendment without his written consent or a court order. If the local law fails to pass, the entire settlement would become void and litigation would resume.
The agreement would also establish an easement arrangement to be recorded with Yates County and, once all conditions are met, both sides would dismiss the lawsuits with prejudice, preventing the claims from being refiled. The settlement specifically states that neither party admits liability or wrongdoing.
Trustees are expected to vote on Resolution 44-2026 during Friday’s special meeting. The agenda also includes the possibility of an executive session with legal counsel.
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