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December 6, 2014 - 1:50pm

Noonan denies motion to dismiss in Frost Ridge case

posted by Howard B. Owens in business, Le Roy, zoning, Jam at the Ridge Campground.

The failure to publish a public notice prior to a September 2013 Le Roy Zoning Board of Appeals meeting on whether Frost Ridge Campground was in violation of zoning laws deprived neighbors of an opportunity to meaningfully participate in the board's decision, Judge Robert C. Noonan wrote in a ruling issued Friday.

The ruling was in response to a motion by the defendants, Greg and David Luetticke-Archbell, to have a lawsuit thrown out that challenges their ability to host live music concerts at the campground.

"The ZEO (Zoning Enforcement Officer)/ZBA's lack of compliance with the notice requirements was so grievous that no statute of limitations bars this action," Noonan wrote in the decision.

Noonan's ruling means that the lawsuits against Frost Ridge will proceed to trial.

The Luetticke-Archbells are fighting two lawsuits over live music at their natural amphitheater, and allegations that the campground was expanded in violation of zoning codes.

One lawsuit was filed by David and Marney Cleere and Scott and Betsy Collins, the other by the Town of Le Roy.

To date, the case has been a series of motions and hearings, but it appears that Noonan's ruling on this motion clears the way for trial.

Howard B. Owens
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No personal attacks.

Christopher Putnam
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you know everything I wrote in my(deleted) comment was accurate....but you go ahead and be Switzerland.

Howard B. Owens
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We have a rule. No personal attacks. I can't edit comments or it makes me legally liable for their content. I have to either let them stand as is or delete them. There was only one sentence in your comment that went over the line.

Scott Ogle
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Switzerland ?

Howard B. Owens
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He thinks I'm trying to impose some sort of neutrality, apparently, rather than try to maintain at least a small level of civility with no judgment on the content of the message.

Scott Ogle
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Ah, neutrality. I get it now.

Raymond Richardson
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I don't know why people can't just express their opinions without the personal diatribe added in.

In case someone has forgotten; this is a privately owned site for public use and the owner of the site makes, and enforces, their rules; no differently than a restaurant and bar can refuse service to anyone.

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