CARTHAGE — Black River developer Timothy J. Percy was served with a court summons by the town of Champion for mining topsoil without a permit on the Percy Chicks subdivision.

Zoning Enforcement Officer David W. Koster said at Tuesday's Planning Board meeting that Mr. Percy told him about two weeks ago he would stop mining, get a permit to level the land out, reseed it, then wait a year to develop single-family housing there.

But, Mr. Percy never applied for a permit or moved anything, according to Mr. Koster.

"I think we've bent over backwards for this guy," he said.

Mr. Percy is scheduled to appear in town court on Thursday.