9/15/07 - Lawsuit topic of special legislative session

Legislature will meet Thursday to plan response to ruling in Moose Lodge lawsuit

(As published by Cortland Standard, Corey Preston reporting)

The Cortland County Legislature will meet at a special session Thursday to discuss how the county will proceed following a judge’s ruling last week that the county breached a contract by backing out of a deal to purchase property on south Main Street.

The meeting will also include discussion of potential sites for the county’s motor vehicles office, which will be presented by the special committee that has been looking at the county’s various space needs.

Judge Phillip Rumsey ruled that the county breached a contract to purchase the Moose Lodge property at 158 Main St. when, after initially voting to purchase the property for $250,000 in December of 2006, it voted to back out of that decision a month later.

Rumsey did not award the Moose Lodge a specific amount of money, but the attorney for the Moose Lodge has said his client would accept the county either going through with the purchase for $250,000, or paying $50,000, the difference between the county’s agreed-upon price and a $200,000 offer the owners received after the county backed out of the deal.

Thursday’s special meeting will include discussion of how the county responds to Rumsey’s decision, Legislature Chairman Marilyn Brown (D-8th Ward) said, and how it intends to handle a similar case being brought forth by other property owners involved in the land deal.

Charles and Michael Wood, owners of Robbins Vending, have sued the county for backing out of its agreement to purchase two parcels at 159 Main St. for $300,000, and are asking for the county to go through with the purchase, or pay $120,000 in damages.

That case has yet to be argued in front of Rumsey.

“No. 1, I think the legislators need to address the issue of Mr. Van Donsel wanting to appeal Judge Rumsey’s decision, and while we’re discussing one, we ought to discuss the other one, because they’re clearly the same issue,” Brown said.

County Attorney Ric Van Donsel sent a memo to legislators after the ruling was handed down recommending that the county appeal Rumsey’s decision.

Van Donsel has declined comment on the matter, saying he wanted to discuss it first with legislators.

So let me get this right. The County is still pursuing the DMV options even with the first-round loss of the Moose lawsuit? I can certainly understand why you'd want to keep things moving, but this will certainly have an impact on any DMV decision.

If they do not appeal the decision, rest assured that the other properties will get in line with their hands out for settlement money.

If they do appeal the decision, should the County actually move forward with the DMV site options? Would the South Main site be a good spot for the DMV? It should be considered if the too-small combined Health facility was considered for that location.

Stay tuned for Friday's post, I am sure it'll be a doozie.