Did Tom Diana Read Judge Wood’s Order?
By Dan Murphy
The Yorktown Town Board recently approved a new contract for the development of the Par 3 in Jefferson Valley, even though NYS Supreme Court Judge Charles Wood signed an order for a March 10 hearing to determine the validity and legality of charges made by the previous developer-RC Recreation Development. In court documents, RC argues that that they have a contract which is still in effect that grants them the exclusive rights to develop, complete and open the golf course until 2028.
Judge Wood must determine the merits and hear the arguments of both RC and the Town of Yorktown. Until that decision is rendered, there is no legal standing for anyone to work on the Par 3 course that RC has spent millions of dollars and is close to being ready to open.
After the vote, the Town Board sent out a press release which included- “We are determined to see our Town’s golf course open this summer,” said Supervisor Tom Diana. “The contract we approved has definitive opening dates and mandatory payments to the Town that begin this month. Under a canceled contract with a previous developer, there were no specified opening dates or payments being made.”
“In November, the Town Board voted to revoke a management contract for the golf course because of breaches and nonperformance by the developer—RC Recreation Development,” states the release from the Town.
What actually happened last November was that the Yorktown Police Department evicted RC Recreation Development from the property, without an order from a Judge. RC President Larry Nussbaum has consistently claimed that the contract and extension that the Town of Yorktown granted him had no required date of opening and remains in effect.
Town attorney Adam Rodriguez did not publicly comment at the meeting about the pending litigation, nor did anyone on the Town Board at the Feb. 21 meeting.
Judge Wood’s order states that on March 10 he will hear arguments as to whether “the court should appoint a receiver to take control of the property during the litigation; enter a preliminary injunction enjoining the town from naming and/or prohibiting the successor concessionaire from taking possession of the property.”
Despite the court appearance on March 10 to argue whether Judge Wood will indeed issue a TRO against any new concessionaire, the Town Board did just that at their Board meeting Feb. 21. The Board voted unanimously to give authority to Town Supervisor Tom Diana to sign a new agreement with Yorktown Golf Group, and principals, Carmine DeMeglio and Anthony Stallone.
Yorktown Golf Group Inc. was incorporated in New York State on February 17, Four days later the Town Board approved a contract with the new company. The resolution granting Diana authority to sign the new agreement was not on the agenda but placed on at the last minute.
In a statement released to local, Yorktown media, Nussbaum said that he believes the Town Board may now be in contempt of Judge Wood’s order. “The Order to Show Cause tells Yorktown of the nature of RC’s request from the NYS Court and states the date, time, and location where the request will be made. This Order to Show Cause contains a direction to Yorktown to stop doing anything at the golf course until the court hears or decides the motion.
“The RC Order to Show Cause is supported by several “Affidavits in Support” that will help the judge make a decision. Yorktown will have to explain to the judge why they issued a New Concession Agreement, replacing RC without compensation, while this motion was pending and why the Town Board did this in such a secretive manner.
“Contempt of court is defined as any willful disobedience or disregard of a court order. The judge could decide that Yorktown’s contempt is “criminal” because Yorktown actually interfered with the ability of the court to function properly.
“I can promise the Yorktown Board and Yorktown Golf Group, Inc. that I will be a very dark cloud over all their smiling publicity pictures,” stated Nussbaum, who reminded this reporter that the Town had deemed the clubhouse “unsafe” just a few months ago.
Since then, there has been no work to remedy that so called violation, which Nussbaum claims was issued without cause, to impose further delays on RC getting the project done, and on opening the course.
Last month, we reported that one of the contractors hired by RC to perform the work, withdrew their building designs once RC was removed from the premises and from the project.
