[dropcap]A[/dropcap] legal battle between Westchester County and Rye could be imminent after city officials threatened to sue for a say in the future of Playland.
In a letter to County Attorney Robert Meehan dated July 18, Michael Gerrard, who was retained by the city of Rye, asserted that Rye, not Westchester County, should enjoy the status of lead agency for an upcoming round of capital projects at the amusement park.
“Unfortunately, the county hasn’t followed the law,” said Rye Mayor Joe Sack, a Republican. “Months ago, apparently, the county had declared itself lead agency.”
According to Sack, the county declared itself lead agency in May.
Gerrard told the Review that if the county continues to ignore the city’s request for inclusion into the park’s process, litigation will be imminent.
“I think [a lawsuit] would be a fair assumption,” he said. “We would only file a lawsuit if we thought we had strong grounds.”
The city has set a July 28 deadline, after press time, for the county to respond before filing an Article 78 proceeding. According to Gerrard, the county has yet to respond, as of press time.
Gerrard contends that, following an agreement transferring the management of Rye Playland that was struck between the management company Standard Amusements and Westchester County, the county has continuously skirted proper procedure.
Among the concerns listed in Gerrard’s letter are several perceived SEQRA violations, as well as the county’s lack of communication on its intentions with Playland.
Rye City Attorney Kristen Wilson told the Review that although the Article 78 has not been filed, the city could also ask for a temporary injunction on park projects, which would halt any work at the amusement park pending the outcome of the litigation. Wilson said that the city has not yet decided whether it will do that.
County Legislator Catherine Parker, a Rye Democrat, said she understands the Rye City Council’s perspective. “There has been very little in way of communication to Rye to make Rye feel like it can have a seat at the table during discussions,” she said. “I would characterize the lack of communication as a hallmark of the [Rob] Astorino administration.”
In March, both the county and Standard Amusements agreed to a contract that would see both sides invest $30 million in capital improvements to rides, facilities and the park’s ailing infrastructure, and would eventually transfer the sole management of the park to Standard.
However, Ned McCormack, spokesman for Republican County Executive Rob Astorino, says that the county has the right to steer the future of Rye Playland, given its status as a county park.
“The county is lead agency on reviews and all land use decisions,” he said. “And the logic for that is simple. If every county park is subject to municipal control, we wouldn’t have [a] county park system.”
A debate over which body has agency over a review process and procedures regarding projects at the park harkens back to 2014, when both the county and Rye battled over a controversial field house project that was eventually scrapped due to local opposition.
The project, which was proposed by Sustainable Playland Inc., a prior management company that was selected by the county executive to manage the park, aimed to build an 82,000-square-foot field house on park grounds.
As a result, Rye appealed to the DEC and both parties sought control over park projects’ official review. Eventually, after complications from the litigation as well as growing public opposition, Sustainable Playland withdrew its interest in the park.
Despite both battles being similar in nature, Sack says there is one key difference. While a prior dispute between the city and the county pre-empted a declaration of lead agency on Playland projects, the city is now working from behind.
“At least the last time we became aware, therefore we were able to step in and protect our interests and preserve our rights,” the mayor said. “That’s what may necessitate the existence of the courts.”
Representatives from Standard Amusements could not be reached for comment as of press time.
