By Dan Murphy
Usually, in contractual disputes involving two parties, a judge decides the course of action and how the matter can hopefully be resolved. But on December 1, 2022 at 845 AM, five Yorktown Police Officers, including Chief Robert Noble, came to the Valley Fields Golf Course along with a dozen or so Town of Yorktown employees and Supervisor Matt Slater.
What was the urgent matter at hand? A drug bust or guns? Nope -It was to remove the lawful developers of the property RC Recreation Development from the premises. Larry Nussbaum, President RC developers was on site and took the photo above of a Town employee cutting the chain to the entrance fence.
Nussbaum explains, “On December 1, 2022, 8:45AM, Yorktown stormed the Par 3 Golf Course and New Club House seeking to forcibly disposes RC. This intent is evidenced by the overwhelming show of unnecessary force Yorktown brought to bear on that date, which included numerous marked and unmarked police cruisers, and as many as a dozen Yorktown employee onlookers, including Slater.
Town Building Inspector John Landi arranged, under his direction, for a Yorktown employee to wield a large bolt cutter to cut RC’s lock, enter the premises, ouster RC by force. Yorktown has no right in law and/or at equity to reclaim possession of the premises and certainly no right to do so through violence, forcible entry and threat of criminal prosecution, all without any precedent Court Order or finding of liability.
Pursuant to NY RPAPL Section 853, Yorktown is liable for treble damages resulting from the unlawful ouster on Dec 1, 2022. Along with the NY RPAPL charge in the new lawsuit are an additional 6 charges for the illegal actions of Slater and the Yorktown Town Board and requesting a stay of an RFP to replace RC while the RC contracts with Yorktown were in all in force. Is Slater attempting to replace RC with his cronies without any compensation to RC?
“I was at the Par 3 and I was forcibly evicted. The Yorktown Police Chief order me to leave or I would get arrested. Yorktown raided the golf course with 25 people. I was worried about physical harm and the threat of arrest so I left even though Yorktown did not have a court order,” said Nussbaum.
There has yet to be presented to the public an eviction notice, or an order from the court ordering Nussbaum and RC from the property. And to have all of this occur at the end of the year and around the Holidays, makes it more illogical.
Forcibly removing RC from the course that they have invested millions into without compensation is not an action that will stand up in court, when the matter is eventually heard.
We cannot see how this latest confrontation between the Town and RC will benefit the residents and taxpayers of Yorktown. Nor will it remedy getting residents to play on this golf course any time soon.
