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Frost Ridge

June 17, 2017 - 1:07am
posted by Howard B. Owens in the ridge, Frost Ridge, music, entertainment, Le Roy, news.

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For the first time since 2011, Marty Stuart was back at The Ridge tonight along with his band, The Superlatives.

The Superlatives are:

  • Kenny Vaughan, lead guitar
  • Chris Scruggs, bass
  • Harry Stinson, drums

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June 14, 2017 - 12:24pm
posted by Howard B. Owens in batavia, business, news, Le Roy, Frost Ridge.

The owners of The Little Ridge at 107 Evans St., Batavia, are changing tactics and will stop operating the location as a restaurant.

David and Greg Luetticke-Archbell are shifting the restaurant business to their campground on Conlon Road, Le Roy, known as The Ridge, but best known as Frost Ridge Campground.

The Little Ridge opened in November 2014 and the owners plan to continue to use the location for parties and events.

Gift certificates purchased for The Little Ridge will be redeemable at the Le Roy location.

June 13, 2017 - 6:30pm

Jam At The Ridge Presents: Marty Stuart & His Fabulous Superlatives on Friday, June 16th. Five-time Grammy winner Marty Stuart will Jam At The Ridge NY once again this year.

We welcome him back to Le Roy, NY, and are looking forward to a fantastic show featuring his legendary songs mixed with his new sounds.

A fish fry dinner is available starting at 3 p.m. when parking opens and the gates open at 4 p.m. with the show beginning at 4:15 p.m. See Marty Stuart, The Ghost Riders, and Lonesome Crow all in the same night for just $15 pre-sale. For more information or to purchase tickets, click here or visit us on facebook.

June 2, 2017 - 11:25pm

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Dan Clor, a military veteran, and frontman for Los Angeles-based Weapon-X, took the stage this afternoon with D-ZL, the band he started his career with in 1997 when it played its first show at the Eagle Hotel in Le Roy. 

Clor and Weapon-X have been holding an annual music festival in Southern California for five years and this year, Clor brought it home, to Le Roy, and The Ridge Campground.

The American Warrior Concert, with more than 60 musical acts taking the stage, opened today and continues tomorrow (for tickets, click here).

The music starts at noon tomorrow, on two stages, with Weapon-X scheduled to play at 8:15 p.m.

The Red Osier Landmark Restaurant in Stafford is sponsoring the weekend of music.

Proceeds benefit the Warrior House, which supports wounded veterans.

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June 1, 2017 - 9:33am

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The American Warrior Concert, a music festival with more than 60 acts performing, opens tomorrow at noon tomorrow at The Ridge in Le Roy.

The festival is a celebration of our troops, veterans, and the American way of life, according to event organizers. There is one main stage, plus a side stage, an acoustic stage, VIP tent, music lesson tent, open jam tent, camping, craft beer, BBQ, and vendor booths. Proceeds benefit Warrior House of WNY Inc. 

Sponsors include Red Osier Landmark Restaurant.

For the past four years the event was held in Southern California, but going into its fifth year Strength In Numbers Entertainment owner Dan Clor insisted on going back to his roots and producing the festival in his hometown.​

The American Warrior Concert headliner is Weapon-X, frontman Dan Clor's military-inspired heavy band. Other acts scheduled to date include D-ZL, Audibull, Diana Zinni, James D Jackson, Jason Wallace, Ryan Whyman, Black Valentine, Invictra, Kenny Drury, Johnny Bauer, The Dirty Bourbon Blues Band, Delano Steele, 1916, Danny B, Le Roy High Marching Band/Chorus, Dave Riccione Blues Trio, Shawn T, Greg Chako Jazz Trio, Woody Dodge, Ball Cheeze Psychotics and Justin Williams. 

To purchase concert tickets click here.

To rent a campsite click here.

February 15, 2017 - 3:31pm

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Press release:

Strength in Numbers Entertainment announced the 2017 dates for the annual American Warrior Concert sponsored by Red Osier Landmark Restaurant to be held June 2nd and 3rd at "The Ridge NY" on Conlon Road in Le Roy.

For the past four years the event was held in Southern California, but going into its fifth year Strength In Numbers Entertainment owner Dan Clor insisted on going back to his roots and producing the festival in his hometown.

The American Warrior Concert is known for serving as a tribute and to honor the military's active and retired personnel. The American Warrior Concert 2017 will be giving away up to 2,000 General Admission show tickets to veterans and active duty military alike.

This event also donates to a nonprofit veterans' organization of its choice. This year’s event beneficiary is Warrior House of WNY Inc., in Medina, an organization that uses the outdoors to help heal veterans mentally and spiritually. Rochester Vets Center and Honor Flight Rochester will also be in attendance to provide our veterans with additional beneficial information. If you are a veteran or are still active duty, and would like to see the show for free, please contact us and we will make sure that your name is included.

The American Warrior Concert headliner will be none other than Weapon-X, frontman Dan Clor's military inspired heavy band. All other acts scheduled to date include D-ZL, Audibull, Diana Zinni, James D Jackson, Jason Wallace, Ryan Whyman, Black Valentine, Invictra, Kenny Drury, Johnny Bauer, The Dirty Bourbon Blues Band, Delano Steele, 1916, Danny B, Le Roy High Marching Band/Chorus, Dave Riccione Blues Trio, Shawn T, Greg Chako Jazz Trio, Woody Dodge, Ball Cheeze Psychotics and Justin Williams. These acts represent a wide variety of music, something for everyone’s musical tastes.  More acts are being added to the bill.

Clor, a military man himself who is a Marine veteran having served overseas in Iraq sums up the benefit concert with, "American Warrior Concert 2017 -- A celebration of our troops, veterans, and American way of life." The concert is an all-ages event featuring one main stage, a side stage, an acoustic stage, VIP tent, music lesson tent, open jam tent, camping, craft beer, BBQ, vendor booths and is scheduled to have 20+ bands perform.

If you are a local business that would like to be involved with our American Warrior Concert as a sponsor, vendor or contributor please contact us at the number/e-mail above.

To purchase concert tickets click here.

To rent a campsite click here.

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January 21, 2017 - 2:25pm

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The owners of The Ridge NY (aka Frostridge Campground) enter the 2017 outdoor music season for the first time in a couple of years knowing there are no obstacles that might inhibit concert nights.

The renewed freedom allows David and Greg Luetticke-Archbell to aim high for some of the stars they might book and this week they were able to announce a big one: Clint Black.

One of the most accomplished recording artists and songwriters in Nashville, Black will take The Ridge stage Aug. 12.

"We've been in negotiations since November," David said. "It was kind of a back and forth but one we had hoped for a long time, so this is really great to finally have someone with the kind of history that Clint does. We can bring that classic country sound to Western New York."

Black emerged top of his class among wave of new-traditionalist country singers to come out with chart-topping hits in 1989. He went triple-platinum with his debut album, "Killin' Time," and repeated the feat with his follow-up, "Put Yourself in My Shoes." 

Killin' Time contained five #1 songs, all of which Black wrote or co-wrote. He's written or cowrote every one of his dozens of #1 singles over the years.

It's apparently been a long time since Black came to WNY, so David said they were excited to sign him for a show early in their process of lining up acts for this summer.

There will likely be other big names announced before winter ends, David said. 

There will also be some up-and-coming acts added to the calendar, such as the Swon Brothers, scheduled to appear at The Ridge on July 22.

David and Greg are also putting together a blowout two-day event as a fundraiser for veterans June 2 and 3 called the American Warrior Concert. Nearly two dozen musical acts from throughout the region will perform over the two days.

This summer will also include the annual fundraiser for the Le Roy Volunteer Fire Department (probably Aug. 5), and in July, David and Greg will put the frost back in Frostridge with ice skating -- yes, ice skating in July -- as well as snowman building.

It's great to be able to run a business again, David said, without the cloud of litigation hanging over all their plans. 

"Now we're working with folks knowing that we don’t have to try to figure out a plan B or plan C in case something comes up," David said. "We know what we have and we know how to make it work and it just flows."

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August 28, 2016 - 10:42am

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In five years of covering concerts at Frostridge, there are four shows I'm sure I'll always remember: Marty Stuart in 2011, which was my introduction to Jam at the Ridge, The Farm, featuring Alexander native Krista Marie, the time Blackjack Billy upstaged the night's headliner, Blackberry Smoke, that same year, and finally, Blackjack Billy's return to Le Roy last night.

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September 13, 2015 - 6:28pm
posted by Howard B. Owens in Frost Ridge, music, entertainment, Le Roy.

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Darryl Worley, a multi-hit country music artist who topped the charts in 2003 with a 9-11 song, "Have You Forgotten?", played Frostridge Saturday night and a few hundred hearty fans braved the rain and waved flags and cheered Worley's pro-USA, positive-living message.

The show closes out the 2015 season for The Ridge.

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September 7, 2015 - 6:00pm

Darryl Worley will Jam At The Ridge, Saturday, Sept. 12th, a benefit concert event in support of volunteer firefighters and to honor our hometown heroes who have, and continue to give, so much in our community. "Do You Remember?", the title of Darryl's #1 hit for seven weeks, recalls the tragedy of 9/11 and helps call all Americans to honor the lives lost and the lives on the front line protecting freedom.

Camping available, but not required, by calling 585-768-4883 or by click here: http://www.brownpapertickets.com/event/1795839
Tickets available by calling 585-768-4883 or directly at http://www.brownpapertickets.com/event/1795739

November 22, 2014 - 3:12pm
posted by Howard B. Owens in batavia, business, Frost Ridge.

It's the little neighborhood restaurant that could and it will keep chugging thanks to David and Greg Luetticke-Archbell, who purchased the longtime bar-and-grill at 107 Evans St., Batavia, this week.

Luetticke-Archbell have owned and operated the Frost Ridge Campground in Le Roy since 2008 and they see their new establishment as an extension and complementary to what they're already doing.

Most recently, 107 Evans has been Delavan's, which owners Bill and Pati Cultrara closed almost exactly two years ago to the day that David and Greg completed their purchase of the property.

They're calling their new restaurant Delavan's The Little Ridge and promising "great food."

The restaurant is situated in a residential neighborhood and David and Greg think it's a perfect location for the warm, friendly atmosphere they hope to create.

It's going to feature American cuisine, much like they already serve at The Barn Grill at The Ridge, which they say has gotten rave reviews from customers, such as "some of the best American food around."

"We hope to knock your socks off," David said.

There will be prime rib, baked chicken, designer hamburgers, fish fries and salmon, with Greg overseeing the kitchen in the winter.

"The fish fries Greg has been doing, everybody has been loving," David said.

As for the salmon, again, David promises we'll love it.

"Everybody who has ever said, 'I don't like salmon' eats his and loves it."

Since some of the menu will be a hold over from Delavan's, David said Bill Cultrara has graciously offered to share some of his secrets.

They also plan to bring in acoustic music and assuming they continue to host live music concerts at Frost Ridge (there are still a pair of lawsuits pending that challenge their ability to do that), the national acts they bring in will be invited to The Little Ridge for pre-concert meals.

David and Greg had given no thought of opening a restaurant in Batavia, and had no idea the location was available until they went to an auction of the contents of the building Oct. 27.

Once they stewed in the idea awhile, they couldn't pass up the opportunity, David said.

"Sometimes opportunities knock and this one just clicked," David said.

The two men, along with help from their children, staff and friends, are cleaning up the restaurant, bringing in new equipment, getting everything ready to serve customers again. They plan to open Jan. 1.

"This was like a diamond that needed to dusted," Greg said. "We see the potential it has. The charm and the smallness of being manageable for one and a Cheers-like atmosphere."

October 10, 2014 - 8:55am
posted by Howard B. Owens in music, entertainment, Le Roy, Frost Ridge.

Country star John Michael Montgomery plays Frost Ridge tomorrow night.

Montgomery's gig is one of two originally scheduled for the summer that were moved to October as a result of a pair of lawsuits pending against Frost Ridge.

At the beginning of the concert season, Judge Robert C. Noonan barred live music shows at the venue, but as legal manuvuers played out, Noonan lifted his order pending further proceedings.

The case is still pending, the shows will go on.

Jason Michael Carroll headlines Oct. 25.

For more information visit TheRidgeNY.com.

September 7, 2014 - 4:08pm
posted by Howard B. Owens in music, entertainment, Frost Ridge.

The Marshall Tucker Band played Frost Ridge on Saturday. Photographer Peggy Barringer shared these photos.

August 24, 2014 - 12:47pm
posted by Howard B. Owens in music, entertainment, Le Roy, Frost Ridge, Phil Vassar.

He said it last year. Frost Ridge is a special place. Phil Vassar, a singer-songwriter with more than 10 Top 10 hits to his credit, said it again this year.

"It's very homey," Vassar said in an interview before his show Saturday night. "Everybody is so nice. You're just hanging out. We talk, even during the year, we look forward to seeing you guys come back, we talk and text each other. So it's fun. You get to hang out with your friends and play music.  There's nothing better than that. It's not like going to some venue where you just go in. It's got real character and real people. I love it."

Vassar loves it so much, he asked to come back this year.

Just a month ago, it didn't seem like Vassar's show this year would even be possible. Frost Ridge was locked down as a live music venue by a court order stemming from lawsuits filed by the Town of Le Roy and a pair of neighboring property owners.

As the lawsuits wind through the hearing process, taking longer than expected, Judge Robert C. Noonan lifted his ban on live music for a show last week and Saturday's Vassar concert.

The suits allege live music isn't allowed at the campground -- and even question the legality of the campsites themselves, while owners Greg and David Luetticke-Archbell and their lawyer contend that all of the current activities are grandfathered in, or are "prior, nonconforming uses."

Vassar takes a pretty straightforward view for the lawsuits, calling the controversy, "very silly."

"You have a lot of people who really want something and just a small number of people who don't," Vassar said. "I don't know about government, but it seems like to me it's by the people, for the people, all right. It's pretty simple. It seems like if you've got a majority who want something and it's a great thing. I don't understand it.  

"It's not like it's an every night deal," Vassar added. "It's a real special place. It's a special place to play music. You just kind of hope that everybody just kind of lets it go and has some fun. You know, people are stiff. I hate it. I hate it. I'm over it. People just need to get a life."

Through three sets of music -- the Kentucky Moonshiners, the Morgan Twins and Vassar -- several hundred music fans did have a life. And it was a party, especially with Vassar on stage making sure everybody had a good time.

The Morgan Twins are from Rochester and have appeared on such shows as The Voice and American Idol.

While Vassar was still on stage performing, a check of the sound level at Oatka Trail and Conlon Road, near the homes of plaintiffs -- the Cleere and Collins families -- found that once again, the crickets were louder than the music.

The next scheduled show at The Ridge, if it's allowed to proceed, is the Marshall Tucker Band, Sept. 6.

A fan brought in a homemade cake during the meet and greet with VIP patrons before the show.

Bottom photo: by Peggy Barringer. David, in red, and Greg, joined Vasar, along with the Morgan Twins, on stage for the show's final number, a sing-along of "Piano Man."

August 21, 2014 - 3:03pm
posted by Howard B. Owens in business, Le Roy, Frost Ridge.

Two witnesses in a hearing related to the Frost Ridge lawsuits testified today that a key document was filed with the Town of Le Roy months before an April 8 statute of limitations date that is part of the dispute over live music at the campground.

It's all more complicated than even that convoluted sentence, however.

The hearing wasn't even completed today. Judge Robert C. Noonan was scheduled to hear a case in Rochester at 2 p.m. and with at least one more witness scheduled to be called, continued the hearing to 10:15 a.m., Tuesday.

Before adjourning, Noonan continued the stay of his temporary restraining order barring live music at Frost Ridge, which means that the Phil Vassar concert scheduled for Saturday will go on as planned.

The concert is a fundraiser for the Golisano Children's Hospital.

Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season's line-up.

The hearing was limited to two motions under consideration by Noonan: 

  • Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were "grandfathered in," and,
  • Whether there is what is known as a "jurisdictional defect" in the ZBA's determination.

The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.

At dispute is whether the minutes were filed with the town before April 8. 

If the minutes were filed before April 8, that would mean one of both lawsuits were filed after the statutory period for challenging a zoning board's determinations.

But, did the ZBA under the circumstances of Sept. 25 have the authority to make that determination, which is something the attorney for the Cleere/Collins side of the suit is challenging.

Noonan's eventual ruling on these motions could either allow one or both lawsuits against Frost Ridge to go forward, and perhaps to trial, or determine whether one or both will be dismissed. 

Frost Ridge and the campground's owners Greg and David Luetticke-Archbell are being sued by the Town of Le Roy and Frost Ridge neighbors, the families of Cleere and Collins (who are related to the original Frost Ridge owners). Cleere/Collins is also suing the ZBA.

First to testify was Town Clerk Patricia Canfield.

There is much about when the minutes were first publicly available that Canfield can't remember.

She testified that as standard and permissible procedure, the ZBA minutes are kept in a file in the office of Jeff Steinbrenner, zoning and code enforcement officer for the Town of Le Roy.

She couldn't recall with certainty when she first had reason to retrieve the Sept. 25 minutes from the file, but said they were requested more than once through various Freedom of Information Requests, including requests by Marny Cleere.

Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn't remember if the one requesting ZBA minutes came in 2013 or 2014.

She couldn't remember if any of the other FOIL requests for the minutes came in 2013.

Under questioning from Noonan, Canfield said most FOIL requests are written, though she accepts verbal requests. Written requests are kept on file, she said, but there was no indication that any written FOIL requests were in court today.

As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge's non-conforming use, she would have known about it, and she said she was unaware of any such publication.

David Roach, the Frost Ridge attorney, also called Steinbrenner as an "adverse witness."

Steinbrenner was also questioned by attorney Karl Essler, representing the ZBA.

Under questioning from Essler, Steinbrenner said that once the minutes from a meeting were approved at a subsequent meeting, he would place those minutes in his file.

He agreed that the Sept. 25 minutes were approved by the ZBA board at its Oct. 22 meeting and that he probably filed the minutes that night or the next morning.

As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.

He said he didn't recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.

Roach and Steinbrenner wrangled over the course of several questions whether an e-mail Steinbrenner sent to Frost Ridge in August 2013 was meant to put them on notice that a long list of alleged zoning violations included live music.

Mindy Zoghlin, attorney for Cleere Collins, when cross-examining Steinbrenner, read off a list of alleged zoning violations related to roadways and the placement and setbacks of campsites. 

While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff's side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn't at all consider, nor was it asked to consider, whether live music is grandfathered in.

"When we first started with Frost Ridge about this, we saw two aspects to it," Steinbrenner said. "There was a need for special use permit for the campsites and one for concerts. At the time, we decided to go after the campground sites at Frost Ridge and the go after the concerts once they were up to compliance and in code."

Steinbrenner's August e-mail twice uses the word "etc." when referring to the alleged zoning violations.

When Roach would ask in various ways whether "etc." includes live music, Steinbrenner repeatedly deflected the question by staying he was merely forwarding what Town Supervisor Steve Barbeau had said was discussed at a prior town board meeting (which Steinbrenner didn't attend).

Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.

The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.

Jackett testified that the board approved its minutes from the Sept. 25 meeting at its Oct. 22 meeting and that Steinbrenner received a copy of the minutes at that time, and she considered them filed with the town at that time.

Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn't the board's job to deal with notices and outside communications.

"Our only job is to show up at meetings and make decisions," she said.

Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998. 

Jackett was a member of the board in 1998, when the ZBA issued a determination that Frost Ridge was grandfathered in as a campground, even though it was an agriculture/residential area.

The meeting was 16 years ago, Jackett said, and she couldn't remember specifics about the meeting, but Zoghlin persisted.

"If you're going to ask me what I said 16 years ago, I'm going to tell you, I don't recall," Jackett said at one point.

Roach objected to the line of questioning because it's his contention that what happened at the meeting in 1998 isn't material to the plaintiff's motion that the ZBA decision of 2013 suffers from a "jurisdictional defect."

Another ZBA board member is expected to testify Tuesday. Noonan's ruling on the motions will come some time later.

August 10, 2014 - 1:01pm
posted by Howard B. Owens in business, Le Roy, Jam at the Ridge, Frost Ridge.

To say Blackberry Smoke rocked the house Saturday night at Frost Ridge might be misconstrued.

There are no reports of windows rattling in the homes of Frost Ridge neighbors.

In fact, a deputy assigned to monitor the decibel levels at Conlon Road and Oatka Trail Road said the noise level never went much above 60 decibels, well below the threshold of 100 set by Judge Robert C. Noonan when he issued an order a few days ago allowing the concert to take place.

The fact is, at the corner of Conlon and Oatka Trail, through most of Blackberry Smoke's set, the crickets were louder than the music.

Blackberry Smoke is billed as an up-and-coming, soon-to-be-big-stars Southern rock/outlaw country band, and if fame is measured by only a few hundred die-hard, rambunctious fans, Blackberry Smoke has already hit the big time.

They did rock the house and the fans raised the roof.

The band is Charlie Starr (lead vocals, guitar), Richard Turner (bass, vocals), Brit Turner (drums), Paul Jackson (guitar, vocals), and Brandon Still (keyboards).

A five-piece combo can make a lot of noise, and inside the Frost Ridge amphitheater at stage level, the band seemed no less loud than their show in the same venue a year ago.

A sound engineer familiar with the venue predicted before the show that the hill between Frost Ridge and the homes of Cleere and Collins (the two plaintiffs in one of the lawsuits against Frost Ridge) would absorb all of the treble and mid-range of the music, while bass tones would bend some and carry over the hill.

The crickets, he said, would be louder.

That certainly seemed to be the case.

In their lawsuit against Frost Ridge, the Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

The Town of Le Roy is pursuing a parallel suit against Frost Ridge.

Both suits allege that live music at Frost Ridge violates local zoning laws, even though the campgrounds owners, Greg and David Luetticke-Archbell, received a previous ruling from the Zoning Board of Appeals that the use is an allowable, prior nonconforming use (grandfathered in).

While the Town of Le Roy is not suing the ZBA, the town board does not agree with that ruling, or does not find it valid. The Cleeres and Collins suit names the ZBA as a co-defendant. 

Delays in the process have prevented a hearing on whether the ZBA decision was filed with the town clerk prior to April 6. That hearing will be held Aug. 21. If it's determined that ZBA decision was filed prior to April 6, it could invalidate the the lawsuits against Frost Ridge on statute of limitations grounds.

Because of the delay of the hearing and the financial toll to Frost Ridge with five previous shows cancelled by court order, Noonan lifted the restraining order for the Blackberry Smoke concert, but barred alcohol sales.

The next scheduled show is at The Ridge NY is Phil Vassar and the Morgan Twins, Aug. 23.

The slide show below also includes photos of Chris Weaver Band, one of Saturday's opening acts.

AUDIO: A recording taken during the concert last night at the corner of Conlon and Oatka Trail (mp3).

A seat front-and-center for the Blackberry Smoke set was auctioned off and $375 was raised for the Le Roy Fire Department. 

The decibel reader employed by a deputy to monitor noise levels at Conlon and Oatka Trail roads.

August 5, 2014 - 12:56pm
posted by Howard B. Owens in Le Roy, Frost Ridge.

The owners of Frost Ridge Campground have been told Judge Robert C. Noonan has lifted his court order barring live, amplified music at the campground, at least for this weekend.

The band Blackberry Smoke headlines Sunday Saturday.

At a hearing last week, David Roach, attorney for Frost Ridge, told Noonan that if the order wasn't lifted in time for this weekend's show, Frost Ridge was facing insolvency. 

David Luetticke-Archbell, co-owner of Frost Ridge, called The Batavian a short time ago to share the news. We're still awaiting a copy of the order.

Frost Ridge will still be barred by the original court order from selling alcohol, but that doesn't mean patrons can't bring their own beverages.

The temporary suspension of the temporary order baring amplified music at Frost Ridge comes as court proceedings in a pair of civil suits against the campground have bogged down.

Two neighboring residents, the Cleere and Collins families, along with the Town of Le Roy, are suing David and Greg Luetticke-Archbell alleging that the campground as a whole and live music and alcohol sales in particular, are not permitted under current zoning.

David and Greg contend that those uses are grandfathered in by the property's prior zoning and they have two Zoning Board of Appeals rulings that support such a claim.

The Cleere and Collins' suits challenge the ZBA's 2013 determination, and here's where the case has bogged down: If it's proven that the ZBA's 2013 determination was filed with the town clerk more than 30 days before Cleere and Collins filed their suit, it could mean their complaint could be thrown out of court. Attorneys and the court have been unable so far to hold a hearing on that point

Since the hearing can't be scheduled now until the end of the month, Roach sought for his clients, permission from the court for the concert this weekend.

August 1, 2014 - 6:56pm
posted by Billie Owens in Le Roy, Frost Ridge, ridge ny.

Press release:

The Ridge NY (formally Frost Ridge Campground) is hosting its first Community Fun Day on Saturday, Aug. 2, from noon to 10 p.m.

It's FREE!

There will be activities for all ages with the following events scheduled:

  • Noon until 3 p.m. -- NAZCAR -- Decorate a racing car made from cardboard and see who wins the big race
  • 3 to 5:30 p.m. -- Slippery Slope -- Big fun on the 300-foot-long slippery slide. All ages love this event. Bring your swimsuit and a towel.
  • 6 p.m. -- Dinner. Bring a dish to pass. Hamburgers and hot dogs available, too.
  • 7 p.m. -- Open Air Dancing. Dance until the stars come out!
  • 9:30 p.m. -- Nighttime Glow Stick Wagon Rides

Come out and have some fun with your neighbors and friends!

August 1, 2014 - 1:32pm
posted by Howard B. Owens in business, Le Roy, Frost Ridge.

Frost Ridge Campground is on the brink of insolvency, the attorney for Greg and David Luetticke-Archbell told Judge Robert C. Noonan during a court hearing today.

He's seeking at least temporary relief from the ban on live shows at the campground in Le Roy.

Today's hearing was held so attorney Mindy Zoghlin, representing the people suing Frost Ridge over live music shows at the campground, could make a motion to re-argue one of the issues under consideration by Noonan.

Attorney David Roach, representing Frost Ridge, would have liked today's appearance to have been a hearing on his motion to dismiss the lawsuits against his clients.

Roach was hoping there would be testimony today on when the Zoning Board of Appeals filed minutes from its September 2013 meeting where it determined Frost Ridge was in compliance with Town of Le Roy zoning law.

Roach tried to make the case during the hearing that Noonan needs to revisit sooner rather than later his temporary order barring live music and alcohol service at Frost Ridge.

Noonan wanted the attorneys to focus on coming up with a time for a hearing on the ZBA filing.

After attorneys met privately and then met with Noonan in his chambers, it was determined that the hearing will be at 9 a.m., Aug. 21.

In the meantime, Noonan agreed to let Roach draft an order that would temporarily lift the temporary restraining order and allow Frost Ridge to hold a live music concert Aug. 9.

That's the date Blackberry Smoke, one of the more popular acts to perform at Frost Ridge each year, is scheduled to return.

In open court, Zoghlin tried to suggest to Noonan that allowing any shows prior to resolution of the ZBA filing status isn't necessary because Noonan has already ordered that if Frost Ridge prevails in the lawsuit, they are entitled to nearly a quarter of a million dollars in restitution.

Of course, even a quarter of a million dollars somewhere down the road won't necessarily help a shuttered business reopen, which is why Roach is pushing for some mechanism to allow the bands to play on.

"The reality they are not facing is where the preliminary injunction effectuates the relief the town is seeking and (in previous cases) courts are loathe to allow preliminary injunctions to provide ultimate relief," Roach said during the hearing.

The big hold up in the case is getting either the ZBA's clerk or the town's code enforcement officer, or both, to testify as to a general time frame of when minutes from the ZBA's meeting in September 2013 were filed.

The town clerk has provided an affidavit attesting to the fact that the minutes were filed, she just couldn't remember when.

If the filing date is proven to be any time before April 8 (even if the exact date is not established), then Roach's motion to dismiss the lawsuits filed by the Town of Le Roy and the Cleere and Collins families could potentially be granted by Noonan.

Under New York law, people who wish to challenge a board's decision have 30 days to file such a challenge. The clock starts ticking when a written, public document memorializing the decision is filed with the jurisdiction's clerk.

Noonan ordered more than two weeks ago that a hearing on the ZBA minutes should be held immediately.

The hearing still hasn't taken place, in part because Noonan's court has been busy, which Noonan admitted, but Noonan also laid much of the blame on the shoulders of the attorneys for not agreeing on a time.

Roach expressed a great deal of confidence that either the town clerk, the ZBA clerk or the code enforcement officer for the Town of Le Roy, should be able to testify that the minutes were filed well before April 8, and probably in 2013.

The threat of losing that motion is apparently what prompted Zoghlin's motion today to invalidate the ZBA's determination favoring Frost Ridge all together.

Zoghlin's motion is for a "jurisdictional defect." In essence, she's arguing that because there is no formal document memorializing the ZBA's decision, and no formal process that Frost Ridge followed requesting a ZBA ruling, the ZBA had no authority to make its determination.

Roach said there's no written law and no case law that support's Zoghlin's position, also for a motion to re-argue a point from a previous hearing to be successful, the point must have been argued in the first place. Roach said that since Zoghlin (and she disagrees with Roach on this) didn't raise the "jurisdictional defect" argument the first time around, she doesn't get to re-argue it now.

"If the court did not have that jurisdictional defect argument advanced before it in response to my motion to dismiss, there's nothing for the court to have overlooked or misapprehended," Roach said. "The court of appeals has ruled that you cannot bring a new argument to a motion to re-argue."

If Noonan grants the order being drafted by Roach to allow live music at Frost Ridge between now and the hearing on the motion to dismiss the lawsuits, Roach said there will be reasonable restrictions attached. For example, there would be a limit on the decibel levels of the show.

"Frost Ridge, and I want to make this perfectly clear, Frost Ridge did not and does not presently have any intent of causing an unreasonable noise disturbance to its neighbors," Roach said.

July 11, 2014 - 4:47pm
posted by Howard B. Owens in business, Le Roy, land use, Frost Ridge.

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

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