A group looking to stop the town of Greenburgh from leasing the former Frank”™s Nursery site on Dobbs Ferry Road to Game On 365 has taken its grievances to court.
Elm Street Sports Group L.L.C. filed a lawsuit in Westchester County Court Oct. 1 seeking to block the project, claiming that it violates county law. County law states that a town must sell any property acquired via tax lien. Supervisor Paul Feiner has said that state law, which allows the town to lease the property, supersedes county law. The town took over the site after Frank”™s Nursery was foreclosed.
Over the summer, the Town Board approved the 15-year lease contingent on a referendum being approved by Greenburgh residents Nov. 6.
Town officials say that leasing to Game On 365 L.L.C., which would build The Westchester Field House, complete with a dome bubble, would create revenue, help lower taxes and allow for much needed field space. Opponents have questioned the speed in which the town is entering the deal and how much traffic would be created.
Elm Street Sports Group, which runs the newly opened House of Sports in Ardsley, would see a direct competitor come into town. Elm Street Sports Group had also been accused of funding the Help Burst the Bubble campaign, which runs a website and has sent numerous mailings.
Elm Street Sports Group denies any involvement or funding of the Help Burst the Bubble campaign. Donald Scherer, the CEO of Elm Street Sports Group, said it is unfair that after all the hoops he went through to get his project approved, Game On 365 is getting a lease.
“We had to follow the law and we worked very hard,” Scherer said. “It took us six months and a difficult review process. The laws are there to be followed; it gives them a huge competitive advantage. Should I not pay taxes because I don”™t have to follow the law?”
The lawsuit becomes moot if the referendum is defeated, though Scherer said he did not want to wait for the results, calling it a sham.
“If they vote yes, it doesn”™t change the county tax law,” Scherer said. “You cannot overrule laws because of a referendum. It means nothing, the referendum has no impact.”
Martin Hewitt, Game On 365”™s project manager, said his company expected the lawsuit, though he expects it to fail.
“We will continue to encourage the residents of Greenburgh to vote on November 6 in favor of the Game On 365 proposal to build The Westchester Field House, which will generate over $5 million in revenue for the town 15 years, relieving the heavy tax burden on residents,” Hewitt said in a press release.
Feiner said he is not surprised by the lawsuit and that House of Sports is doing whatever they can to stop the competition.
“I feel that a sports facility should be encouraging competition, not discouraging competition,” Feiner said. “Sportsmanship is competition. I am disappointed. I think we”™re on solid legal ground, though you never know how a judge is going to rule.”
Feiner said that House of Sports has deep pockets and is trying to slow down Game On. Feiner compared what the town is doing with what the county is doing with Playland.
“I don”™t see the big deal,” Feiner said. “This is what (County Executive Rob) Astorino wants to do with Playland. It”™s the same thing; we”™re using a public-private partnership to have recreation. This is a very good thing for the town and will be an asset to the community.”
Playland is not a foreclosed property.
Feiner said that the referendum is just the first hurdle, Game On 365 must still be approved by the Greenburgh Planning Board and undergo the SEQRA (State Environmental Quality Review Assessment) process.
