Preserve Ramapo sues Supervisor and board
over broken pledge to protect open space
August 28, 2008 Preserve Ramapo warned
the residents last year that St. Lawrence and his board had formally
dedicated only one of the open space properties, the one that surrounds
St. Lawrence's home, and that all the rest were vulnerable and could be
sold to developers. At the time, St. Lawrence and his attorney Michael
Klein were "shocked and dismayed" at the accusation. St. Lawrence said
of our warning, "This is utter nonsense." Less than one year later, the
two have overcome their indignation and entered into a contract with
developer Jeffrey Goldstein to sell item number 16 on their list of
"Open Space, Parkland and Historic Preservation"--the Tilcon Quarry.
Godlstein wants to build 440 condos on the property that had been gifted
to the people of Ramapo by Tilcon. Wednesday morning, Robert Rhodes,
Chairman of Preserve Ramapo, was joined by Legislator Joseph Meyers and
attorney James Hyer as they filed a Supreme Court lawsuit to prevent the
sale of the open space property.
According to attorney James L. Hyer, Esq. of Faga Savino,
LLP., the Petition
claims that the transfer must be stopped because, “(1) the Town has not obtained
the State Legislature approval required to transfer the parkland, (2) the Town
violated New York State Law
by failing to conduct environmental review of the transfer prior to authorizing
the transfer, and (3) the Town failed to protect the best interests of the Town
by not taking reasonable steps to obtain the best purchase price for the
property.” Commenting on the lawsuit one of the
Petitioners and a Rockland
County Legislator Joseph Meyers stated, “It is unbelievable that the
Ramapo elected officials would approve the sale of this property without
apparently obtaining any appraisals to determine the fair market value of the
property,” and continued, “When I was elected to the County Legislature I
pledged to protect open space, work for
smart growth and fight corruption and that’s what I’m doing with this
legal action.”
There are also serious questions about
the timing of the arrangement with the builder.
The Journal News reported:
"Rhodes and Meyers also alleged that the timing of the formation of
Quarry Ridge was suspect. According to public documents, the company
was registered with the state's Division of Corporations on May 22,
2007, just a few months after the property was transferred to the
town from Tilcon New York.
The plaintiffs have
alleged that Quarry Ridge was formed for the purpose of purchasing
the quarry and that the company was able to make a low offer for the
property because the developer had contributed to St. Lawrence's
campaign. According to state records, Arco Management (Goldstein's
group) gave $3,000 to St. Lawrence's campaign on Aug. 14, 2007."
Town attorney Michael
Klein once again assumed an indignant pose as he explained to Suzan
Clarke of the Journal, "Klein said the property was never dedicated
as parkland and said allegations that St. Lawrence or other board
members acted improperly were "absurd."
So, to summarize the
tortured logic used by Klein over the course of this transaction:
1. Last year he publicly
asserted that the properties did not have to be formally dedicated
because they are protected from being sold--that's true of all the
Open Space/Parkland/Historical. To claim otherwise, he insisted, was
absurd.
2. This year he drafts
the contract of sale to Goldstein for the Quarry, one of the more
substantial "protected" properties.
3. He tells the press
that the town did nothing wrong because the property was never
protected (dedicated) in the first place.
Klein knew, a year ago,
that the Quarry was on the Open Space list. In fact, here is a scan
of one page of the list given to me when I submitted a Freedom of
Information Act request for a list of the Open Space properties.
And here is the brochure sent out by St. Lawrence last spring to all
residents, bragging about his grand plan to "protect" large tracts
in the Town. Note number 16.
So what can a reasonable person
conclude from this attorney's contorted defense of the town's
actions? It looks like the rest of the open space list (except for
St. Lawrence's back yard) might be sold tomorrow. Or given away, if
you look closely at the Quarry transaction--$4.4 million for 65
acres in Suffern.
St. Lawrence and his attorney have to
answer the following questions. Are these properties protected or
are they not protected? The Journal News has to ask this
question, as does Channel 12 and WRCR. And also, Why do you refuse
to formally dedicate these open space purchases? Have you lined up
other developers?
And finally, it would be reassuring if
the town attorney, Michael Klein, would explain to the people, Were
you telling the truth last year when you said these properties are
all protected, or were you telling the truth Wednesday when you told
the newspaper that the items on the open space list are not
protected? And before you begin to parse out the Quarry as a
separate case, look at the two lists above.
Read The Journal News story
"Ramapo faces land sale lawsuit from citizens group, county
Legislator"
here.
And you can read the complete text of
the legal brief filed Wednesday here.
Michael Castelluccio
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