Le Roy

Greg Luetticke and David Luetticke, 
owners of Frost Ridge Campground
(file photo)

The Town of Le Roy has filed a lawsuit that, if successful, would put Frost Ridge Campground out of business.

Frost Ridge, according to the suit, is a cancer on the community.

The chief complaint in the suit is the summer concert series in the facility's natural amphitheater, but the complaint also says the campground violates the town's zoning law, and it has since 1967.

The defendant's uses and occupancy of the property, the suit states, "corrupt the general area so as to destroy the peaceful and quiet enjoyment of residents of the Town in the vicinity, having endangered, impaired and imperiled and threaten to endanger, impair, imperil the health of the public."

The campground, that paragraph continues, "(has) caused and will cause irreparable injury to the health, safety and welfare of the residents of the town."

No evidence of such harm is stated in the complaint, which was filed May 2.

While the suit purports to represent all the residents of the town, the town's own Frost Ridge file -- a copy was obtained by The Batavian through a FOIL request -- lists only one neighboring couple as ever filing any written complaints about Frost Ridge.

"By reason of the foregoing, Plaintiff and residents and taxpayers of the Town will continue to suffer great and irreparable harm, damage and injury from the further continuance of the public nuisance, which cannot be caused to cease except by the injunctive order and in a court of equity," the suit states.

Frostridge, operating under various names over its long history, was opened as a winter ski resort in 1957 and has included campground sites since at least 1961, according to the town's documents.

It's currently owned by David Luetticke and Greg Luetticke, who purchased the business in 2008 and moved from San Diego to Le Roy to operate it.

In 2012, David and Greg started a summer concert series, but records show they weren't the first owners to host live music at the campground.

Last summer, David and Marney Cleere started complaining about the concerts and since then the Town has built a long paper trail of town board meetings, zoning board meetings, attorneys' letters, accusations and counter claims as the town has sought to block David and Greg from bringing some of the nation's biggest country stars to Le Roy.

A hearing on the suit is scheduled for 9 a.m. in the Genesee County Supreme Court in front of Judge Robert C. Noonan.

The lawsuit takes direct aim at the concerts and an alleged plan by David and Greg to open a bar and grill called The Barn on the property.

It also accuses the previous owners of operating and expanding the property as a campground illegally.

"In June 1998, the Zoning Board of Appeals (ZBA) held a public hearing concerning the upcoming sale of the premises by Frost Ridge, Inc., to Molly Perry," the suit reads. "The ZBA determined, erroneously in the view of the current Town Board, that the use of the premises as a campground was a preexisting nonconforming use and thus could continue to be used as a campground after her purchase of the premises."

The property sits within a residential/agriculture zone that was established in 1967. The R/A zone in the Town of Le Roy typically allows only for single-family homes or various types of agriculture use, according to the suit.

The campground has undergone several expansions that violated even a nonconforming use allowance, if such a use were even permitted, which it doesn't, the suit states.

And now what David and Greg have done, and want to do, with their country music concerts and proposed restaurant and continued family camping fun is a cancer that must be eradicated, the suit alleges.

"The size and scope of the planned uses are unsuitable and inappropriate for the area, constituting a maligancy which cannot be allowed to metastasize any further," the suit reads.

The suit was written and filed by Le Roy attorney Reid A. Whiting.

In recent years, Frostridge has booked such name acts as Marty Stuart, the Little River Band, Restless Heart, the Nitty Gritty Dirt Band, Connie Smith -- a 2012 inductee of Nashville's Country Music Hall of Fame, Jerrod Neimann, Jo Dee Messina and Phil Vassar as well as rising stars like Blackjack Billy.

Last year's line-up included a homecoming show for Alexander native Krista Marie and her band The Farm.

The ampitheter can accommodate up to 5,000 people, making it a much smaller venue than Genesee County's only other notable concert venue, Darien Lake. But even so, while Darien Lake's concerts require a substantial law enforcment presense and dozens, if not more than 100 arrests, might be reported following a show, there hasn't been a single arrest reported at Frost Ridge related to a concert since 2011.

There is no immediate information available on the local economic impact of Frostridge, and David and Greg said they could not talk with the press on advice of their attorney. But from previous conversations with The Batavian over the past view years, we know they book thousands of guests every season as well as attract tens of thousands of tourists to Genesee County for their concerts.

Each season, they employ nearly 40 people for concerts and camping.

The town's file on Frost Ridge also contains an apparent notice from earlier this year of violations and an order to cease certain activities, listed by code number. It's signed by the town's code enforcment officer, Jeff Steinbrenner.

David Roach, attorney for Frost Ridge, responded March 17 and stated the notice was dubious in meaning, sweeping in scope, constituted discrimintory enforcment because only Frost Ridge is targeted and runs counter to findings in 1989 and 2013 by the town Zoning Board of Appeals that the campground was operating legally as a preexisting, nonconforming use.

Roach accuses the town of merely perpetuating a political agenda driven by the Cleeres.

"We are aware that one married couple, David and Marny Cleere, just last year expressed their displeasure for the first time with the ongoing 50-plus year tradition of live music at Frost Ridge," Roach wrote. 

He continues, "they in fact demand the town 'abate the violations of the Town Code,' in what seems like a frontal assault on Frost Ridge's very existance. If not entirely arbitrary and capricious, the town's intended action against Frost Ridge may be construed as furthering the Cleere's personal agenda, which has absolutely no legitimate bearing on Frost Ridge's compliance with the Zoning Code."

The suit also alledges that the campground's current use and configuration constitutes a serious fire hazard to the surrounding area, campground guests and the campground's owners.

The town's file on Frost Ridge contains a Jan. 9 letter from the Le Roy Fire Department finding five minor possible fire safety violations, including problems with signage, no site map and no letter in the department's file on how many permanent residents there are at the campground.

The campground sits on two parcels of a combined 31 acres with an assessed value approaching $130,000.

Marty Stuart performing at Frost Ridge, Sept. 2011.

Alexander native Krista Marie peforming at Frost Ridge, August 2013.

Blackjack Billy performing at Frost Ridge, June 2013.

Phil Vassar performing at Frost Ridge, July 28. During his performance, Vassar praised Frost Ridge. He praised the setting. He praised the hospitality. He praised the acoustics of the venue. "This is a special place," Vassar told the crowd after his fourth song. "We play a lot of places around the country and there's no place else like this."

John M. Englerth, 43, of 6534 Main Road, Stafford, is charged with DWI and failure to submit to breath test. Englerth was stopped at 11:48 p.m. Friday on Bank Street in Le Roy by a village police officer. Englerth was allegedly observed driving without wearing a seat belt and allegedly failed to keep right.

Jordan R. Smart, 22, of 6 Gibson St., Oakfield, is charged with DWI and driving with a BAC. of .08 or greater. Smart was allegedly seen driving erratically and stopped at 1:39 a.m. Saturday on East Main Street, Le Roy, by a village police officer.

Justin Thomas Hemmer, 33, of South Main Street, Elba, is charged with criminal contempt, 2nd. Hemmer was jailed on $500 bail.

Aaron Mark Sechrist, 23, of Jackson Street, Batavia, is charged with petit larceny. Sechrist allegedly stole $26 in merchandise from Walmart.

Ajia Rae Hasenauer, 21, of Main Street, Le Roy, is charged with a violation of probation. Hasenauer was arrested following a traffic stop at 8 a.m. Friday on Main Street, Le Roy, by Deputy John Weis. Hasenauer is also accused of aggravated unlicensed operation, 3rd, unlicensed operator, failure to stop at a red light, failure to signal a right turn and no headlights during inclement weather.

Taylor Levi Finnin, 21, of Main Street, Le Roy, was arrested on a bench warrant for an alleged failure to pay a fine. Finnin was arrested following an appearance on an unrelated Family Court matter. Finnin was arraigned before Judge Robert C. Noonan and released on a promise to start making $50 per month payments.

Raymond James Radley, 48, of Main Street, Leicester, is charged with criminal contempt, 1st, and harassment, 2nd. Radley was arrested by deputies from Livingston County and turned over to the Genesee County Sheriff's Office on a warrant out of Town of Pavilion Court stemming from an alleged incident May 11 on Perry Road, Pavilion. Radley was jailed on $5,000 bail.

A Le Roy man is in satisfactory condition at Strong Memorial Hospital after undergoing surgery for stab wounds allegedly inflicted by his brother while they were camping in the Town of Middlebury.

David R. Gross, 23, was stabbed several times, according to State Police on May 11 and flown to Strong by Mercy Flight after first being transported in a private vehicle to Wyoming County Hospital.

His brother, 26-year-old Richard J. Gross, of Byron, allegedly stabbed him following an argument.

They were camping in a wooded area off of Bank Road, State Police said.

David Gross suffered a punctured and deflated lung along with multiple other injuries.

Richard Gross, pictured, was charged with first-degree assault, a Class B felony. He was arraigned in Town of Warsaw Court and jailed on $50,000 bail.

A semi-truck has broken down on Route 19 in Le Roy and is blocking the road.

Le Roy Fire Police requested to respond and close Route 19 at Perry Road. Pavilion Fire Police requested to shut down traffic at Stubb Road.

The trucking company has a tow on the way.

Organizers planned on selling 750 chicken dinners as part of a fundraiser for the family of Joshua Mouery. They could have sold more.

Joshua was a 16-year-old Stafford resident and sophomore at Le Roy High School who died March 30. 

There were 400 dinners pre-sold and the remaining 350 sold before noon during an event held at the Stafford Fire Hall.

More than $4,000 in gift certificates were donated by local businesses, plus dozens of gift baskets, for the chance auction held during the fundraiser.

A car struck a pole at 7115 W. Main Road in Le Roy. There are reportedly no injuries, but a pole and wires are down. Le Roy Fire Department is responding. Law enforcement is on scene and National Grid is called to respond as well.

UPDATE 6:22 p.m.: The location is in front of Upstate Farms Cooperative, Inc. Fire command requests Le Roy ambulance to respond, non-emergency, to evaluate the male driver.

UPDATE: Photo submitted by Kim Antinore.

Village of Le Roy resident Ryan Crossett sent in these pictures on this information on the Machpelah Chapel in the Machpelah Cemetery on North Street, and it's pretty interesting.

The chapel was designed by architect Robert Fayfield of Buffalo and was built in 1910-11 of local stone by masons Charles Sherman and Ray Peck. The total cost was $5,126.75

It was renovated in 1950 through a gift from Helen Woodward Rivas.

Further renovations were made in 1953 through a gift by Rev. Raymond Calkins in memory of his wife’s family, the Lathrops. A stained-glass window was installed in the west wall at that time

The present stained-glass window was installed in 1959 by Rev. Calkins because he was displeased with the previous window. This window was crafted by the Willet Stained Glass Studio in Philadelphia, and is known as the “Lathop Window.”

The theme of the window is taken from the Gospel of Matthew 28:1-6, and the description is as follows:

“It represents Christ’s victory over death, bearing aloft the banner of the Church Triumphant. His tri-radiant nimbus signifies His Divinity, and the rayed vesica His glory. The two guards are turned away in wonder and awe at the miracle.”

The Chapel seats 60 and is available for religious ceremonies such as weddings and funerals.

The Chapel is maintained by a bequest from Rev. Raymond Calkins. Recent projects have included: painting of window frames and doors; repairs to the slate roof; painting of masonry walls and parts of the foundation; replacement of the ceiling fan; repairs to the chimney; replacement of the north roof soffit; and replacement of the front door frame.

A three-car accident with one person suffering minor facial and leg injuries is reported on the eastbound Thruway at mile marker 383.3. Le Roy fire and ambulance are responding along with mutual aid from Mercy Medics.

UPDATE 3:03 p.m.: Le Roy medics are en route to Strong Memorial Hospital. A second patient complained of back and neck pain and was also transported to a hospital. The Le Roy assignment is back in service.

A tractor-trailer has reportedly rolled over in the westbound Thruway in the area of mile marker 380.8 in an accident that also involved a car.

Minor injuries are reported.

The trailer is reportedly a flatbed hauling some sort of equipment. No leaks or fire reported.

A first responder reports a truck on its side and a car off the road.

Le Roy fire and Le Roy ambulance responding.

UPDATE 6:34 a.m.: Mercy EMS requested to the scene. Multiple people reportedly injured. Three people were in the car. The injuries are reportedly minor.

UPDATE 7:05 a.m.: An ambulance is transporting to Strong Memorial Hospital.

A possible electrical fire is reported inside the residence at 6173 Ellicott Street Road. Pavilion and Le Roy fire departments are responding. The location is at the corner of Transit Road.

UPDATE 11:11 a.m.: National Grid is called to the scene.

UPDATE 11:56 a.m.: National Grid is there now.

UPDATE 12:18 p.m.: The assignment is back in service.

Press release:

The Genesee County Sheriff Office recently hired Joseph D. Loftus to fill the position of Deputy Sheriff; a position that was left vacant by a Deputy Sheriff who was promoted to Sergeant earlier in the year.

Deputy Loftus is a 1997 graduate from Le Roy High School. Following high school, Deputy Loftus earned a bachelor of science degree in Criminal Justice, graduating cum laude, from Brockport State College.

Deputy Loftus was previously employed by Le Roy Police Department and McNeil/AECOM Security. Deputy Loftus recently graduated from the Rural Police Training Academy at Genesee Community College in March and and was Captain of his class.

Sheriff Maha stated, Deputy Loftus has been participating in our 14-week field-training program and is performing exceptionally well. He will be a great addition to our road patrol.

These are the latest indictments issued by the Genesee County Grand Jury.

Scott A. Kopper is indicted on first-degree assault, a Class B violent felony. It is alleged that on Jan. 8 in the Town of Pembroke, with intent to cause serious injury to another person, he caused injury to such person or to a third person, in this case Sheriff's Deputy Brian Thompson, by means of a dangerous instrument -- a vehicle. In count two, Kopper is accused of the crime of reckless endangerment, 1st, a Class D felony. It is alleged that on the same day, "under circumstances evincing a depraved indifference to human life," he recklessly engaged in conduct which created a grave risk of death to another person by closing the window of his vehicle thereby trapping Deputy Thompson's arm, and started to drive away, dragging Deputy Thompson with him. In count three, Kopper is accused of second-degree assault, also a Class D felony, for acting with intent to prevent a police officer from performing a lawful duty, causing physical injury to such person, Deputy Thompson. In count four, Kopper is accused of second-degree assault, another Class D felony, for allegedly intending to cause physical injury to another person, and causing injury to such person, Deputy Thompson, by means of a dangerous vehicle -- a vehicle.

Antonio A. Ayala and Ashley L. Alvord are indicted on drug-related charges stemming from contact with law enforcement on Nov. 19 in the Town of Bergen. Ayala is indicated for the crime of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, cocaine, with intent to sell it. In count two, Alvord is indicated for the crime of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances with an aggregate weight of one-eighth ounce or more. In count three, both Ayala and Alvord, are accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 years old, in this case a 4-year-old child.

Alissa A. Fodge is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property valued in excess of $3,000 from a convenience store in the Town of Bergen between Aug. 19 and Oct. 16. The value of the property is about $7,040.

Aaron M. Zastrocky is indicated for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Jeep on South Lake Road in the Town of Le Roy on Dec. 20 while intoxicated. In count two, he is accused of aggrevated driving while intoxicated, also a Class E felony, for having a BAC of .18 or more at the time.

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

A structure fire is reported at the Oatka Creek Mobile Park at 8131 E. Main Road. Le Roy fire and ambulance are responding.

UPDATE 1:57 p.m.: A Caledonia pumper is en route with a full interior crew.

UPDATE 1:59 p.m.: Le Roy Engine 63 on scene; reporting nothing showing.

UPDATE 2:01 p.m.: Le Roy command reports there is some black smoke but it's from a kerosene heater; no fire.

UPDATE 2:06 p.m.: The Le Roy assignment is in service.

Press release:

Western New York's newest family recreation and entertainment venue -- "The Ridge NY" -- hosts the 2014 Jam At The Ridge Concert Series. The series touts major recording artists along with regional and local favorites.

Starting at just $5 with children 12 and under FREE, some tickets have already sold out. Le Roy, NY/U.S.A. (less than an hour from Buffalo, Exit-47 from the Thruway) SAVE THESE DATES!

• May 31st -- Country Done Come To Town (2 to 10 p.m.)
• June 7th -- Josh Thompson (5 to 10 p.m.)
• June 21st -- John Michael Montgomery (5 to 10 p.m.)
• July 12th -- Preacher Stone (5 to 10 p.m.)
• July 26th -- Jason Michael Carroll with Zach Lockwood (5 to 10 p.m.)
• Aug. 9th -- Blackberry Smoke (5 to 10 p.m.)
• Aug. 23rd -- Phil Vassar (5 to 10 p.m.)
• Sept. 6th -- Marshall Tucker Band (5 to 10 p.m.)

***All concerts subject to change; please double-check the Web site for confirmation.

The Ridge NY has done an excellent job of keeping costs and prices low so that everyone may participate while bringing exceptional talent to Western New York. Limited camping is available for those who'd like to Camp With The Bands.

The Ridge management attributes this success to a family friendly environment with activities and events for ages 2 through 92. Tents to large RVs are welcome and cabins are available for those who don't have their own equipment. There is something for just about everyone. If you’re looking for fun, The Ridge NY is the place to be.

Contact:
The Ridge NY
 info@TheRidgeNY.com
www.TheRidgeNY.com <http://www.TheRidgeNY.com>

www.JamAtTheRidge.com <http://www.JamAtTheRidge.com>

585-768-4883

801 Conlon Road, Le Roy, NY, 14482, U.S.A.