Staff Report / June 17, 2026
PENN YAN – The Village of Penn Yan and a local developer have reached a settlement agreement, ending a legal dispute that has been winding its way through the courts for more than two years. Village officials approved the settlement during a recent meeting, resolving multiple lawsuits tied to the status and use of a roadway located on property owned by Marchionda. The agreement brings closure to a contentious issue that has generated significant public interest and legal expenses for both sides.
The legal battle began on March 19, 2024, when the Village Board approved a resolution declaring the paved areas of a road located on Marchionda Properties to be a public street. Marchionda challenged the action in Yates County Supreme Court, filing a lawsuit against the village in June 2024. The dispute continued into 2025 when the village amended its code to require the removal of vehicles parked on the roadway. Marchionda responded by filing a second lawsuit in November 2025, contesting the legality of the code change and its application to his property.
Key developments in the dispute included:
- The Village Board’s March 19, 2024 resolution declaring the roadway a public street.
- A lawsuit filed by Marchionda in June 2024 challenging the village’s action.
- A village code amendment addressing vehicle parking on the roadway.
- A second lawsuit filed by Marchionda in November 2025 contesting the code amendment.
- A negotiated settlement approved by the Village Board that resolves the pending litigation.
The settlement resolves all outstanding legal claims between the parties and avoids further court proceedings. While details of the agreement were approved by village officials, the resolution allows both the village and Marchionda to move forward after a prolonged legal disagreement over property rights, roadway access, and municipal authority. Local leaders expressed hope that ending the litigation will allow greater focus on community priorities and future development efforts within the village.
