4/6/07 County defends actions in land deal lawsuit

(As published by Cortland Standard, Evan Geibel reporting)

The county continues to maintain that it had the ability to back out of the purchase of properties on south Main Street for a proposed health building.
County attorney Ric Van Donsel made the argument again in the response he submitted Thursday to a lawsuit filed against the county on behalf of the Moose Lodge, in connection with the failed land deal.
The county’s answer was filed in state Supreme Court, responding to the March 15 complaint filed by Attorney Russ Ruthig on behalf of his client, the Moose Lodge, at 157 Main St.
Ruthig also represents the owners of 11 Williams St., and attorneys for two other property owners involved in the deal also have made complaints.
Ruthig’s lawsuit charges that the county’s initial decision to purchase the properties on Dec. 21 represented a binding agreement, and could not be undone by a Jan. 25 motion to “reconsider” that was, he contends, a motion to “rescind.”
Van Donsel and County Legislature Chair Marilyn Brown could not be reached for comment this morning.
In the response, Van Donsel contends that the vote to reconsider was legal under state county law, contrary to Ruthig’s assertion.
“It’s the same theory that he’s alleged before — that the issue is whether or not a binding contract was created irrevocably on Dec. 21 when the Legislature said ‘go buy these properties,’ which I think it was,” Ruthig said this morning, adding that the “motion to reconsider” isn’t sufficient to annul this binding contract. “We have a disagreement as to the conclusion to be reached.”
With nothing new from the county, Ruthig said that he is prepared to go to court for a summary judgment.