Lockport Union-Sun & Journal Online

October 23, 2009

POLITICS: Farnham threatens lawsuit over latest flap

By Mark Scheer<br><a href="mailto:mark.scheer@lockportjournal.com">E-mail Mark</a>

A Niagara County lawmaker who has been the target of criticism from the head of the county’s Democratic Party says he may take legal action in response to a recent claim that he entered into a questionable real estate deal with a local firm.

Legislator Gerald Farnham, R-Lockport, said he’s been discussing his legal options with several attorneys because he is “sick and tired” of allegations of improper conduct being launched against him by Democratic Party Chairman Dan Rivera.

Farnham was accused by Rivera earlier this year of not maintaining his primary place of residence within his legislative district as required under state law. The claim was later dismissed in court.

Earlier this week, Rivera sent a letter to the state Comptroller’s Office requesting an investigation into a property sales agreement between Farnham and LaFarge North America Inc. The move comes less than two weeks before Election Day. Farnham is facing a challenge from endorsed Democrat Roger Chenez.

The real estate transaction in question dates back to April 4, 2006. At that time, Farnham agreed to sell his property at 5460 Hinman Road to LaFarge for $105,000, with an extra $20,000 in cash provided to him as incentive for executing the contract. Rivera said assessment records on file with the Town of Lockport show the property was assessed at around $69,000 at the time the deal was signed.

Rivera contends that the deal has the “air of impropriety” in part because the vendor paid a significantly higher price than what the property was worth.

He also questions other terms of the arrangement, including provisions that allow Farnham and his family to continue to live in the home rent-free. In addition, Rivera believes the deal may have conflicted with Farnham’s official duties as a legislator serving on the Public Works Committee because the county has, in the past, done business with LaFarge. Rivera also notes that Farnham testified in court that he lives at the Hinman Road residence and that rent and property taxes are covered by LaFarge.

“I think people should be concerned when their elected officials are receiving sweetheart deals from companies that do business with the county,” Rivera said.

Farnham declined comment, saying he is still exploring legal action. He noted that the allegations regarding his residency were ultimately dismissed by a judge following a court proceeding.

“It’s no different than last time,” Farnham said. “The last time, it cost me money, and it’s not going to be any different this time.”

Officials from LaFarge did not respond to requests for comment on Thursday.

Contact reporter Mark Scheer at 282-2311, ext. 2250.