Black Westchester recently reported that Axel Ebermann, a local taxpayer has taken legal action on Monday, May 5th, to stop a $1.7 million bond referendum tied to a controversial real estate acquisition of the childhood home of author E.B. White, who wrote “Charlotte’s Web” and other classic children’s books, located at 101 Summit Ave, by the Mount Vernon Public Library, claiming the authorizing resolution was adopted in violation of state law.
Many readers have asked what the court’s decision was in Axel Ebermann v. Board of Education of Mount Vernon City School District et al., which we could not answer until now. On Friday, June 13th, Acting Supreme Court Justice, the Honorable Sheralyn Pulver, ruled (see court doc below).
Decision – 50296 2025 Axel Ebermann v Axel Ebermann Decision Order on 17 by blackwestchester on Scribd
Here is a breakdown of the lawsuit and decision.
Petitioner Axel Ebermann sought to annul Resolution #099-24 passed by the Library Board authorizing the acquisition of property, arguing the resolution was improperly adopted. Claiming that at the January 7, 2025, Mount Vernon Public Library Board meeting, only two members were physically present, and one participated remotely. The Board is made up of five members, requiring three for a quorum.
The Court found the adoption of the resolution violated New York’s Open Meetings Law, which mandates a physical quorum for meetings utilizing remote videoconferencing. The court ruled that Resolution #099-24 was annulled due to being passed without a legally valid quorum. The Court rejected the respondents’ claim that the matter was moot, noting the resolution remained valid and could be acted upon.
“I truly appreciate all the public support. It is not an easy thing to challenge government institutions that have pretty much unlimited funds (courtesy of our tax dollars) to pay for fancy lawyers. The entire proposal remains a bad idea – the brainchild of a few trustees with delusions of grandeur who seem more interested in overpaying for a house than addressing the urgent need to renovate our deteriorating main library building. Worse, this is all being pushed through without proper planning, financial feasibility studies, or genuine public input – and by “public input,” I mean before asking the school district to place a bond on the ballot,” Ebermann shared with Black Westchester.
The Court did deny Ebermann’s request for a prohibition order, explaining such relief is limited to judicial or quasi-judicial actions, which the Library Board’s acts were not.
So what is the outcome? The resolution was annulled due to being passed without a legally valid quorum. The Library Board is not barred from pursuing similar action in the future—so long as it follows proper legal procedure.
“I’ve now heard that another resolution for the same purpose may have been passed – again behind closed doors and in violation of the Open Meetings Law, during an executive session on May 13, 2025.
“Sadly, after many years, I’ve come to the conclusion that governance across Mount Vernon’s public institutions is irredeemably broken. Showing up to meetings only to be ignored has become, for the most part, a waste of time. If they move forward with a bond based on yet another illegal resolution, I will take them to court again,” Ebermann continued.
