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The following article ran in the March 13, 2001, issue of the Daily Messenger and is reprinted here with permission.

New suit filed in Drumlins case

The town is suing developers of a proposed townhouse complex and the citizens group that opposes the project.

By KRIS DREESSEN
Messenger Post Staff

VICTOR - Town officials are seeking the dismissal of one lawsuit regarding a controversial proposed development while launching another.

The town has asked the State Supreme Court to dismiss a lawsuit filed against it by the developer of the Drumlins apartment complex. At the same time, Victor is suing the Pioneer Corporation and the resident group Drumlins Concerned Citizens.

The town filed legal documents on Friday, asking a judge to hear the case and decide whether the 154-unit development Pioneer wants to build off of Rawson Road is "reasonably similar" to what was originally intended for the land, The answer to that question will determine whether Pioneer can move forward with its plans for Parkwood at the Drumlins.

The town's request is in response to a lawsuit that Pioneer filed against the town Planning Board last month in an effort to try to force the board to make a decision on the "reasonably similar" issue.

Supervisor Jack Richter said the town had been in contact with Pioneer and the Drumlins citizen group about agreeing to argue the issue before a judge, when Pioneer filed suit.

"We still think this declaratory judgment is the right way to go," Richter said. " ... We are going back to the original proposal, by way of a lawsuit this time."

Victor wanted to obtain a declaratory judgment - the legal term for a decision by a judge - to avoid litigation, Richter said. He said the town expected legal challenges by either Pioneer or the Drumlins citizens group, depending on whom the determination favored. According to the filed summons of notice, Victor says both Pioneer and the Drumlins citizens group indicated they would sue the town over any determinations made against their interests.

"Why not eliminate that step and ask a judge to make that determination?" Richter asked.

Pioneer co-owners Chris Calabro and Dana Hoffmann were not immediately able to be reached for comment.

The Drumlins Concerned Citizens believe the issue should be settled by the town, not a declaratory judgment, according to Leon Katzen, attorney for the citizens group.

"We're not agreeable to it," Katzen said. "We think the town is failing its job by trying to pass it on to the court instead of deciding itself."

Katzen said the group will seek to be included in the lawsuit made against Victor by Pioneer, so its arguments can be heard as part of those legal proceedings.

"We have an interest in the result of that lawsuit ... We will ask the court to interject ourselves into the lawsuit," Katzen said.

Katzen said the citizens group is also prepared to litigate a decision against its interests that the town would make on the "reasonably similar" issue. Having the town make the decision on the issue would provide meeting minutes and other records for use in court, he said.

However the issue is resolved, if plans for Parkwood at the Drumlins are deemed not "reasonably similar," Pioneer can't move forward. The town rezoned the 50 acres in the late 1980s, with conditions. Members of the citizens group contend that the proposed townhouses are rental units, a use not intended when the land was rezoned.

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