However, the town refused to issue a Certificate of Occupancy until it resolved an issue concerning wetlands. Petitioner and the superintendent subsequently entered into an agreement whereby petitioner agreed to pay tuition on a month to month basis, without waiving his right to assert a future claim that his children are entitled to a tuition-free education. Petitioner claims to have received this letter on February 3, 1998. This appeal ensued. Petitioner alleges that at all times since 1994, he and his family intended to remain residents of Harrison.
Petitioner alleges that it was always the family's intent to remain residents of Harrison.
He and his wife went so far as to lease a trailer to keep on the 7 Meadow Lane property during construction of their new home. Petitioner only sought other temporary housing after the building department decided that the trailer violated the town code. Petitioner additionally asserts that he was given no credit for the property taxes he paid on the 7 Meadow Lane property towards his children's tuition. Furthermore, petitioner points out that on at least two occasions he requested that the district's attorney clarify his role in the process. When he received no response, petitioner requested a hearing before the board, which he was never granted.