Saturday, October 04, 2008

TOWN WINS COURT CASE--DROMORE ROAD

In a decision dated September 26, 2008, US District Judge William Connor of the Federal Court dismissed claims brought by S&R Development, LLP., against the Town alleging, among other things, that S&R was denied a constitutional right to develop a 3,200 square-foot property in the Central Avenue Mixed Use Zoning District ("CA-Zone") in Edgemont. S&R had contended that the property was zoned CA which would have permited 75 apartment units in a multi-family complex. Town records, in contrast, reflected an R-20 zone which would permit at most (2) one-family homes.

Judge Conner concluded that S&R's constitutional claims were not ripe for judicial review because S&R had not exhausted all other possible remedies. Specifically, the Judge concluded that S&R could have sought a "use" variance from the Zoning Board of Appeals to permit a multi-family complex after it learned that the property was zoned R-20 . The Judge further concluded that S&R should have pursued remedies available in state court for just compensation or Declaratory Judgment.

41 comments:

Anonymous said...

Paul since Valerie Whitehead didn't work out at TDYCC why dont you make her commissioner of the Dog Parks. No administrative skills are necessary and she can hire the "felons" to work with the dogs instead of our kids.

Anonymous said...

Well this time you were all saved with the outcome of Dromore Road.
Is it over let's wait to see if there is a next chapter.

Anonymous said...

Sounds like a technical ruling. Wrong court. Can it be brought again in the right court?

Anonymous said...

The Town has so much more litigation to worry about. Fortress Bible, Bernstien, etc.

Anonymous said...

I suspect the Dromore Rd plaintiffs pursued this in federal court for a reason -- they knew thy would get laughed out of state -- even wiht Paul supporting them.

Anonymous said...

just a technicality; definitely not over with

Anonymous said...

Now maybe you can give the CSEA their raises or are you worried about the Dobbs Ferry Road Church lawsuit.

Anonymous said...

THE WORSE IS YET TO COME.

Anonymous said...

A constitutional argument? Sounds like a rather desperate ploy to extract a settlement or compromise by raising litigation costs for the town and their bluff was called. Unless there is another pending suit from the plaintiff in state court, I would assume this is the end.

Anonymous said...

good news - edgemont village hall site remains intact.

go panthers!

Anonymous said...

Oh pleeease, in todays economy -- whose building anything??

yawn said...

Go Panthers....blah, blah. Get a grip.

hal samis said...

Hold onto to your FOIL request forms.

The fat lady has more songs on her program.

Anonymous said...

That would be a nice location for Edgemont Village Hall.

Anonymous said...

The real benefit to the Town Board is that there won't be any depositions of Bernstein, Sheehan, Bass and the two silent women. Open government loses again.

Anonymous said...

I'm going to hold on to my foil hat.

Anonymous said...

In reviewing the benefits you forgot to mention the advantge of not having to put Paul on the stand under oath.
His performance in the Fortress Bible Church litigation is absolutely not the way I expect my Town Supervisor to act. He told the judge, under oath, that he regularly lies, attempts to subborn perjury, falsifies records and wilfully violates Federal statutes.
Thank the good Lord that the 80th best small city in which to live, with a AAA bond rating and "excellent" municipal services wasn't embarrassed by its only fulltime elected leader - again.

Tired of all the garbage said...

Open letter to All the SLOBS of Greenburgh. Please stop throwing your garbage in front of my house. What you need to do is drive by YOUR house and then throw it out the window. I work hard keep my property clean. Just remember the cup or sandwich bag was heavier when it was full now it is empty so it shold be lighter to carry. Keep OUR community Clean

Anonymous said...

The Community Center has been crippled by the Town Supervisor and Board members.

For all the TDYCC critics - stop in and visit the place. The diversity, the programs are what happening at the center, it's a great place!!

Merging the department services of P& R and TDYCC maybe one answer, but it will keep Gerry, Joe and James from playing golf everyday.

The Parks and Recreation department is a joke too!

Programs operate three months out of the year - Nothing done during the months of October to March. Oh Halloween. Cut a few lawns, one senior program, one special needs program - Separtism was created because we (caucasion) did not want to mingle.
Racism is rampant in Greenburgh -perpetualed by town board members, motivated by being re-elected.

Let's raise fees of non-residents who use our facilities at rock bottom prices, structure the programs at the Center/P&R to be self sufficient and stop doing favors for people who are supposed to pay fees.

Get it right Paul and Board members; Nov 2009, 2010 will be here before you know it - Then it's over!! smile Greenburgh taxpayers

Anonymous said...

The town should raise all the fees plus make it known that no one gets a free ride.The problem there are to many using all parks,center,and whatever is here and not paying one dime.

Anonymous said...

I think the town is doing a good job. It's difficult and they can't please all the people all the time.

Henry Strathman said...

Dear Paul (at 6:39) -
Please stop blogging anonymously - its very embarassing.
Your style is unmistakable, and the comments are irrelevant to the discussion.
At least sign your own writings.

Anonymous said...

I'm not Paul. The town is doing a great job. I'm happy.

Anonymous said...

Pray tell do you live in Greenburgh.
Where in the hell is this town being run real good??????

Anonymous said...

In todays Journal News one of our civic leaders who is also known as the super lawyer insinuated that the only ones that murder and dump bodies are those depickted in the sopranos and the ones that live in South Jersey.
Bernstein you have some nerve.
I and many other ITALIAN AMERICANS expect an apology from you .
I will like to hear this for all of us that live here in Greenburgh at the meeting tomorrow night,
For those in South Jersey and anywhere else in the the U.S you should issue an apology in the Journal News.
You are a disgrace .

Anonymous said...

Hey Bernstein, I hope the next time you appear at any court that the sitting judge is an Italian who saw the comment that you made that only Italians like the Sopranos and those that live in South Jersey commit the type of crime that is being investigated at this moment by the police.
You are a sicko.
Yes an apology is necessary .

Anonymous said...

The sickos are the anons at 10:21 and 11:39. How dare they suggest that Bernstein's comments were anti-Italian. Only people who are anti-Italian themselves would make such a connection. All Bernstein said was that the gangland-style execution and dumping of a body in Edgemont was the kind of crime Edgemont residents would expect to see on an episode of the Sopranos, a fictional award-winning TV series, not in Edgemont itself. As for South Jersey, isn't that where the bodies got dumped? Tony Soprano lived in Caldwell, which is in North Jersey. Honestly, Feiner's blog brings out more than a few nutcakes, but suggesting that Bernstein's pop-culture reference in today's JN was an attack on anyone of any ethnicity is the kind of smear that only Feiner and his friends would engage in -- and did so in the Dromore matter.

Anonymous said...

Hi Bernstein you can't change what you said in your comments to the JN.
You can condemn the previous bloggers all you want but it should have never been said .
Whwther this happ-ens in a story line or not you said it,

Bernstein the snob said...

Bernstein is an intellectual snob and his social bigotry has been shown many times. What he said is par for Bernstein. He has deceived the people many times and now his failings are showing more and more.

Anonymous said...

Nice to see Bernstein getting battered once again in the Feiner blog. Usually happens when Feiner's about to get clobbered in the media for something idiotic, like maybe raising taxes another 22% for the second year in a row. But hey, at least Bernstein wasn't quoted blaming Feiner for that body dumped in Edgemont. But calling Bernstein an intellectual and social snob for watching the Sopranos is a bit lame, dontcha think?

Anonymous said...

Did you know that Bernstein talks to Hal Samis, who was a member of the Students for a Democratic Society in the 1960s? Betcha didn't know that Bernstein pals around with terrorists. Also.

Anonymous said...

There you go again, 5:32.

What does Samis activities in the 1960's have to do with the truth of what he is telling us residents. Are you Sarah Palin posing as a local resident?

Anonymous said...

Who cares with whom Samis cut bread .
Did you check out your own past.
Samis with his knowledge has been instrumental in teaching many of us the illegal method in which this town operates.
Just following the library project he told us that something was wrong but the manager you know his name said it was right on target.
At yesterdays work session the lady who knows how to throw her weight arround demanded more money for chairs,a secutity gate and maybe some computers.
This money was already allocated in the $19 million plus budget.
WHO IS LYING.
The money was granted because SHE did not want to disappoint the residents.
When she was asked about the opening date there was none given.
Samis you were right from the start.
THANKS !!!!!!!!!

bernstein and samis - essential said...

mr bernstein hails originally from new jersey so perhaps he knows what he is speaking about.
he owes no one an apology. his comment was on target and did not insult anyone. anyone who claims otherwise needs to double their dosage.

its rather farcical that the fictional soprano clan hails from naples - large parts of italy (rome and northward) do not even consider those on the boot end of italy (where most italian americans originally come from) as italian!

as for mr samis - he was a member of ROTC in college.

What this town needs is people of the caliber of samis and bernstein to be on the town board.

Anonymous said...

Sorry Bernstein did not comment on New Jersey he said SOUTH JERSEY.
IF THAT WAS NOT INCRIMINATING I DON'T KNOW WHAT IS,
THANKS FOR SOME ITALIAN HISTORY.
Regardless of what part of Italy one comes from we are all italians.
As far as Samis goes there should be more Americans like him that fight for what is right and not critisize one ethenic group.

hal samis said...

Fair isn't Feiner blog fare but bloggers have gone too far, I fear.

As one who strives to liven up what have have been characterized as my screeds or rants with cultural allusions, I sympathize with Bob Bernstein on this occasion.

Who is kidding whom? It isn't alright to reference "The Sopranos"? Even though I never saw it, its existence and fodder for comment around the water cooler is legendary.

Criticizing Bernstein for a line I would have been proud to author if asked just shows that some bloggers
are have been filling their cups while unaware of the hole in the bottom.

Lighten up.

Assuredly Bob will be back with better material to knock.

As for ROTC, in 1963 Penn State, a "land grant" college required freshmen to complete a year of mandatory participation. Imagine, if you will, the trauma of having to wear your hair short in 1963. From this humble beginning, all of my anti authority schticks can be traced.

Another example of hairesy.

Especially then, when seeing your father, you knew: hair today, gone tomorrow.

Anonymous said...

Mr Bernstein should hire someone to start his car in the mornings for his comments what an a*s*s

italy for real said...

if you are from the boot of italy, you are not considered italian by someone from florence - you are considered from africa.

here is some background on the nothern league of italy: balance from our wikipedia if you want (http://en.wikipedia.org/wiki/Lega_Nord)

Lega Nord (Northern League, LN), whose complete name is Lega Nord per l'Indipendenza della Padania (Northern League for Independence of Padania), is an Italian political party founded in 1991 as a federation of several regional parties of Northern and Central Italy, most of which had arisen and expanded their share of the electorate over the 1980s.

Its political program advocates the transformation of Italy into a federal State, fiscal federalism and greater regional autonomy, especially for the Northern regions, which they call Padania; at times it has advocated secession. Prior to the party's adoption of the term, Padania was infrequently used to name the Padan-Venetian Plain and was promoted since 1963 by well-known Italian sport journalist Gianni Brera as a modern name for Cisalpine Gaul.

The founding parties of Lega Nord were Lega Lombarda, Liga Veneta, Piemont Autonomista, Uniun Ligure, Lega Emiliano-Romagnola, Alleanza Toscana, plus the newly formed regional/provincial parties in Friuli, Province of Trieste, Province of Trento, Province of Bolzano, Aosta Valley, Marche and Umbria.

Anonymous said...

Dear 5:06 get a life.
An Italian is an Italian no matter where they come from.

Anonymous said...

5:06 the last time I looked at a map Italy was still the shape of a boot. Your information is wrong.

sopranos was a good tv drama said...

so many of these so called italian americans

a) have never been to italy
b) do not speak italian
c) eat ersatz italian food
d) are clueless about italy's politics

the same way mario puzo made up the godfather, most of what passes for italian here in the usa is as real as chop suey.