Clover/Allen's Creek Neighborhood Ass'n v. M & F, LLC
| Docket Number | Index Nos. E2018000937,E2018002894,E2018002961,E2018007330,E201807331,E2021000033,E2021000039 |
| Decision Date | 08 March 2023 |
| Citation | 2023 NY Slip Op 23067 |
| Parties | Clover/Allen's Creek Neighborhood Association, LLC, Petitioner-Plaintiff, v. M & F, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., Collectively d/b/a AS Daniele Family Companies, Town of Brighton, New York, Town Board of the Town of Brighton, New York, NMS Allens Creek, Inc., Rochester Gas and Electric Company, and any persons or entities found to have an interest in the property subject to this action, Respondents-Defendants. and Save Monroe Ave., Inc., 2900 Monroe Ave., LLC, Cliffords of Pittsford, L.P., Elexco Land Services, Inc., Julia D. Kopp, Mark Boylan, Anne Boylan, and Steven M. Deperrior, Petitioners-Plaintiffs-Intervenors, Save Monroe Ave., Inc., 2900 Monroe Ave., LLC, Cliffords of Pittsford, L.P., Elexco Land Services, Inc., Julia D. Kopp, Mark Boylan, Anne Boylan, and Steven M. Deprerrior, Petitioners-Plaintiffs, v. Town of Brighton, New York, Town Board of the Town of Brighton, New York, Town of Brighton Planning Board, Daniele Management, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., M & F, LLC, the Daniele Family Companies, First Baptist Church of Rochester, Rochester Gas and Electric Corporation, New York State Department of Transportation, 2717 Monroe Avenue LLC, Atlantic Hotel Group, Inc., Mamasan's Monroe, LLC, Qing Kai Sun, Plum Garden 66, Inc., 2799 Monroe Avenue, LLC, Hemisphere Hotels, Inc. f/k/a Apex Hospitality, Inc., 2815 Monroe Retail Office, LLC, 2835 Monroe Holdings, LLC, Monroe Office Suites, LLC, 2875 Monroe Clover, LLC, Cloverpark Ltd. Partnership, and John Does Nos. 1-10, Respondents-Defendants. Brighton Grassroots, LLC, Petitioner-Plaintiff, v. Town of Brighton, Town of Brighton Town Board, Town of Brighton Planning Board, M & F, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., Daniele Management, LLC, Collectively Doing Business as Daniele Family Companies, Rochester Gas and Electric Corporation, NMS Allens Creek, Inc., the First Baptist Church of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe Avenue, LLC, Mamasan's Monroe, LLC, 2799 Monroe Avenue, LLC, Qing Kai Sun, Hemisphere Hotels, Inc., A.S.M. Hospitality, LLC, 2815 Monroe Retail, LLC, 2835 Monroe Holdings, LLC, 2875 Monroe Clover, LLC, Monroe Office Suites, LLC, Cloverpark Limited Partnership, New York State Department of Transportation, John Does 1- 20, and ABC Corporations 1-20, Respondents-Defendants. Brighton Grassroots, LLC, Petitioner-Plaintiff, v. Town of Brighton Planning Board, Town of Brighton Town Board, Town of Brighton, M85F, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., Daniele Management, LLC, Collectively d/b/a AS Daniele Family Companies, Rochester Gas and Electric Corporation, NMS Allens Creek, Inc., the First Baptist Church of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe Avenue, LLC, Mamasan's Monroe, LLC, Plum Garden 66, Inc., 2799 Monroe Avenue, LLC, Qing Kai Sun, 2815 Monroe Retail, LLC, 2835 Monroe Holdings, LLC, 2875 Monroe Clover, LLC, Monroe Office Suites, LLC, Cloverpark Limited Partnership, New York State Department of Transportation, John Does 1-20, and ABC Corporations 1-20, Respondents-Defendants. Save Monroe Ave., Inc., 2900 Monroe Ave., LLC, Cliffords of Pittsford, L.P., Elexco Land Services, Inc., Julia D. Kopp, Mark Boylan, Anne Boylan, and Steven M. Deprerrior, Petitioners-Plaintiffs, v. Town of Brighton Planning Board, Daniele Management, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., M & F, LLC, the Daniele Family Companies, First Baptist Church of Rochester, Rochester Gas and Electric Corporation, New York State Department of Transportation, 2717 Monroe Avenue, LLC, S & A Hospitality, Inc., Mamasan's Monroe, LLC, Qing Kai Sun, Plum Garden 66, Inc., 2799 Monroe Avenue, LLC, Hemisphere Hotels, Inc. f/k/a Apex Hospitality, Inc., 2815 Monroe Retail Office, LLC, 2835 Monroe Holdings, LLC, Monroe Office Suites, LLC, 2875 Monroe Clover, LLC, Cloverpark Ltd. Partnership, Town of Brighton, New York, Town Board of the Town of Brighton, New York, and John Does Nos. 1-10, Respondents-Defendants, and Clover/Allen's Creek Neighborhood Association, LLC, Intervenor-Respondent-Defendant. Save Monroe Ave., Inc., 2900 Monroe Ave., LLC, Cliffords of Pittsford, L.P., Elexco Land Services, Inc., Julia D. Kopp, Mark Boylan, Anne Boylan, and Steven M. Deperrior, Petitioners, v. Town of Brighton, New York Office of the Building Inspector, Ramsey Boehner in his capacity as Building Inspector, Town of Brighton, New York Zoning Board of Appeals, Town of Brighton, New York, Daniele Management, LLC, Daniele SPC, LLC, Mucca Mucca, LLC, Mardanth Enterprises, Inc., and M & F LLC, Respondents. Brighton Grassroots, LLC, Petitioner-Plaintiff, v. Town of Brighton Zoning Board of Appeals, Town of Brighton Office of the Building Inspector, Town of Brighton, M & F, LLC, Daniele SPC, LLC, Mucca Mucca LLC, Mardanth Enterprises, Inc., Daniele Management, LLC; Collectively Doing Business as Daniele Family Companies, John Does 1-20, and ABC Corporations 1-20, Respondents-Defendants. |
| Court | New York Supreme Court |
Attorneys for Petitioner CAC: Laurie Styka Bloom, Esq. & Robert Burgdorf, Esq.
Attorneys for Petitioner SMA: Charles Malcomb, Esq., Aaron Saykin, Esq. & Joel Terragnoli, Esq.
Attorneys for Petitioner BGR: Mindy Zoghlin, Esq. & Jacob Zoghlin, Esq.
Attorneys for the Town Respondents: John Mancuso, Esq., Lauren Baron, Esq., Shannon O'Connor, Esq. & Kenneth Gordon, Esq.
Attorneys for the Developer Respondents: Warren Rosenbaum, Esq., John Nutter, Esq., Erin Elmouji, Esq., David Rothenberg, Esq. & Michael Rothenberg, Esq.
Attorney for Respondent RG & E: Laura Myers, Esq.
J. Scott Odorisi, J.
Based upon very careful consideration of: the credible trial testimony; the trial exhibits; and, the written closing statements, this Court hereby makes the following verdict in Respondents'-Defendants' favors DENYING the public trust doctrine and permissive referendum claims and any accompanying relief.
These seven cases are part of a panoptic course of litigation against the Whole Foods Project (the "Project") located on Monroe Avenue in the Town of Brighton (the "Town"). The Project is sponsored by the Respondent/Defendant Developer Companies (the "Developers"). Petitioners/Plaintiffs Clover/Allen's Creek Neighborhood Association, LLC ("CAC"), Save Monroe Avenue, Inc. ("SMA"), and Brighton Grassroots, Inc. ("BGR") are all citizens groups opposed to the Project (collectively "Petitioners").
"Auburn Trail "
The Bench Trial issues related to what the Court has colloquially referred to as the "Auburn Trail." [1] As to its genesis, the Auburn Trail sits on what was a railroad bed that Rochester Gas and Electric ("RG & E") acquired in 1965 - although it remained an active railway until the early 1980's. The Brighton span of the Auburn Trail runs about two miles from the City of Rochester boundary at Highland Avenue to the Town of Pittsford line just past Clover Street, and it was used by the public. The very small portion of the Auburn Trail at what would become the Project site was not marked, and it also crossed open parking lots and driving areas of those prior commercial properties. In the late 1980's and early 1990's, the Town identified the whole 2-mile Auburn Trail as an area of interest as part of its long-term planning goals. However, and due to strong neighborhood opposition, it was not pursued at that time as a Town parcel.
One of the Developers' principals - Mario Daniele - opened his restaurant "Mario's" on what would become part of the Project site. The previous commercial property owners at the Project locale were interested in RG & E's land for additional parking and traffic needs, including access to Allens Creek Road. In 1996, Mr. Daniele applied for a re-subdivision of RG & E land, as did the other owners. Those applications were approved upon the express conditions of the Town receiving 10' wide public access easements. In 1997, RG & E recorded an Access Easement Agreement (the "Agreement") - executed by the owners, including Mario and Flora Daniele - and with reference in maps to public easements to the Town. After the Agreement, RG & E then delivered deeds to each owner. Subsequently, and between 1997 and 2003, all of the other property owners conveyed to the Town pedestrian easements - but not Mario and Flora Daniele. Thereafter, the Town noted the entire 2-mile Auburn Trail as a "concept" to potentially be formally developed.
In February of 2015, the Developers interposed their request for Incentive Zoning Approval ("IZA"). As part of the IZA proposal, the Developers noted the easements' locations across the whole Project site. In exchange for the IZA, the Developers promised certain amenities, one of which being improvements to the complete 2-mile Auburn Trail Brighton span. The Developers' proposal drew a plethora of community objections.
Per the Developers' amended IZA proposal, the Town Board classified the Project as a Type I Action under the State Environmental Quality Review Act ("SEQRA"). That review process, along with the IZA, went through public hearings. The Final Environmental Impact Statement included a new Auburn Trail By-Pass on a portion of the Project site. On March 28, 2018, the Town Board posted its SEQRA findings and approved the IZA, which included the By-Pass. The Town likely did not realize that the Daniele easement was missing until after those approvals - on or about March 30th.
Next the Developers filed a Preliminary Site Plan for the Planning Board's consideration. The Preliminary Site Plan reflected...
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