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May 29, 2014 - 1:54pm

Le Roy zoning board stands by decision allowing music at Frost Ridge, chair says

posted by Howard B. Owens in business, Le Roy, Frost Ridge Campground.

Le Roy's Zoning Board of Appeals will likely try to retain its own attorney in the Frost Ridge case, board Chairwoman Debbie Jackett said today.

At a hearing May 20, Town of Le Roy Attorney Reid Whiting told Judge Robert C. Noonan that the ZBA didn't have an attorney in court that day because the board chose not to be represented.

He said the ZBA had been served with notice of the lawsuit.

Jackett said the board didn't know it was named in a lawsuit until members read about the court hearing in The Batavian.

The ZBA was named by plaintiffs David and Marny Cleere and Scott and Betsy Collins because the ZBA found in July 2013 that camping and amplified music were permitted uses at Frost Ridge.

The board's position is and was, Jackett said, that camping and amplified music were both permitted uses prior to the area being zoned residential/agriculture in 1967.

The vote was unanimous, Jackett said, and the board's position hasn't changed.

The town board cannot overrule the ZBA's decision.

"Their view is contrary to our view," Jackett said.

Which is why Whiting can't represent the ZBA, she said. 

The ZBA serves both the town and village governments, but the board doesn't feel the village attorney should represent the ZBA since Frost Ridge is a town issue, so the ZBA is scrambling to secure independent legal representation.

The Town of Le Roy will be obligated to pay for the ZBA's attorney.

Frost Ridge and owners David and Greg Luetticke-Archbell are defendants in two lawsuits, one filed by the town and another field by Cleere and Collins challenging their legal ability to both exist as a campground and to operate occasionally as a live music venue.

The plaintiffs maintain that the campground and amplified music violate the current zoning ordinance. Frost Ridge maintains that the property was recreational use prior to 1967 and it's recreational use today.

Noonan issued a temporary injunction May 23 barring Frost Ridge from amplified music and alcohol service on the property, citing the likelihood that the town would prevail on the merits of the case. His decision was based on the May 20 hearing that lacked ZBA representation. 

Since the ZBA doesn't have an attorney yet, it's unclear whether any motion could be brought forward challenging the injunction.

A conference meeting -- where dates will be set for future proceedings in the cases -- is scheduled for tomorrow. Jackelt said she is unsure if the ZBA will be able to retain counsel in time for that court appearance.

John Roach
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Last seen: 4 days 4 hours ago
Joined: May 29 2008 - 5:22am

So now, Town of LeRoy taxpayers get to pay for the Town attorney to go after the campground and ZBA and get to pay the attorney for the ZBA to fight the Town. They get to pay for both sides. Boy, they must be so happy with this.

tom hunt
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Last seen: 1 week 17 hours ago
Joined: Jan 31 2009 - 9:08am

This is developing into a three way pissing contest......don't cross the streams!!!

Don Patterson
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Last seen: 3 months 2 weeks ago
Joined: Apr 21 2014 - 9:35pm

It sound like the LeRoy town board may have stepped in a noxious substance I sometime find left on my lawn!

Mark Potwora
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Last seen: 1 week 1 day ago
Joined: May 14 2008 - 6:42pm

What a big waste of taxpayer money..Government at its best..One big cluster f....
Too many layers of government ..

George Oliver
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Last seen: 5 months 2 weeks ago
Joined: Jan 27 2010 - 4:31pm

YEAH! Unfortunately it is the tax payers who are going to have to anti up for this fiasco.

E. S. Sherman
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Last seen: 1 year 11 months ago
Joined: Jun 15 2009 - 10:39am

Unfortunately I feel this was what Dave and Greg were trying to say along. They have been within what was issued to them. Until someone wants to change the rules to suit themselves.

Guy Clark
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Last seen: 1 month 1 day ago
Joined: Nov 14 2008 - 11:08am

The entire situation is an atrocity whereas a tiny handful of citizens and town officials have put their personal desires in front of what's best for the community as a whole. As the poll in the Batavian indicated, 93 or so percent of the people are in favor of keeping Frost Ridge concerts and camping. I believe the percentage is actually higher as you would be hard pressed to stumble across a single person who favors the town's actions anywhere in Genesee County. Most people are simply angry that the town would try to shut down such a popular venue. I have stayed at the campground and have attended a concert and can attest that they run a great operation. I don't ever recall an arrest or trouble of any sort in the entire time they have owned it. Those whose are condemning their operation have not done their homework. I don't think anyone disagrees that the size and scope of the concerts could be regulated in some way and I am sure that if all parties sat down around a campfire for a few hours instead of a courtroom that an amiable solution could be had. Who knows, maybe everyone would make some new friends...or is that against town rules.

Dave Olsen
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Last seen: 6 hours 10 min ago
Joined: Oct 12 2008 - 11:48am

As usual, the only winners will be the lawyers

Megan Rogers
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Last seen: 1 year 2 months ago
Joined: May 21 2014 - 11:44am

Sounds like just another example of Leroy standing in its own way. Residents are trying to make progress and grow the town and all it takes is one upset neighbor to stop it. Same as the Robbins nest and subdivision lawsuits in the village of Leroy. I'd like to see how much taxpayer money has been spent on these lawsuits compared to how much tax revenue could have been made by letting these projects move forward.

John Woodworth JR
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Last seen: 3 years 10 months ago
Joined: May 28 2009 - 11:13am

I agree with you on this one Dave. Seems to me that a certain lawyer whom is also a resident of Le Roy doesn't seem to mind taxpayers paying. After all he also probably feels that the 93+% of voters who agreed with letting Frost Ridge stay a campground and sponsor concerts are wrong.

I have an idea! Why don't we have a vote in Genesee County? After all this is something that effects us all since, it is a tax collection that benefit our County just like any other company/business that, establishes itself here in our county.

I know that, is a big fat NO, for a select few who rather waste taxpayer's money on greedy lawyers and people who are jealous. Here I thought the State of New York was the only agency wasting taxpayer's money and making unintelligent decisions. Isn't it amazing how lawyers seem to screw up everything? Obama, Cuomo, being a few to mention?

Is it not bad enough that, our state transportation department wastes taxpayer's dollars to closes lanes of traffic (one way) with the ability to turn left into an open field (i.e. Route 5 in the Town of Stafford and Town of Batavia), build rotary circles but, use traffic lights on nearly every block within downtown (i.e. City of Batavia)?

Why not have the people vote?

Dave Olsen
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Last seen: 6 hours 10 min ago
Joined: Oct 12 2008 - 11:48am

Interesting you bring that up John. The Libertarian Party's Candidate for Attorney General, Carl Person has been advocating local ballot initiatives for many many years. I also feel strongly about local referendums. The people of any municipality should be able to decide what they want and be able to change it when it makes sense.

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