Now Dustin is saying public notice of the motion, which passed in late, February was not within town regulation.
Magguilli said he is unsure about Dustin's motives, but litigation over the matter would not be beneficial to taxpayers.
"I don't know what Mr. Dustin is trying to do but cost the town money," he said. "We're in full compliance."
He said he did not want to comment on the specifics of the matter, in case it is litigated.
Dustin said he is not considering litigation at this time.
Magguilli said Dustin is citing an incorrect part of the town's code, and ultimately the proceeding is an eminent domain matter, and follows eminent domain procedure.
Dustin said he is not a lawyer, but his understanding of the law indicates notice of resolutions subject to possible public referendum need to be "posted and published" in the clerk's office no more than 10 days after the resolution passes.
The resolution was adopted on Feb 25, and notice was posted on March 9, 12 days later, according to Town Clerk Liz Del Torto. She said notice was then published in the Times Union on March 13 and in the The Spotlight March 17.
Dustin said, though, there are "certainly provisions out there for eminent domain. I don't know."