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  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
  • Brighton Grassroots, Llc, Howard R. Jacobson, Margery Hwang, Roberta Kerry, David G. Grant, Anthony Kinslow, Peter Mulbery, Lisa Whittemore, Norman Whittemore, Roberta Kerry-Sharick, Lindsay Duell 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, Rochester  Gas And Electric Corporation, Nms Allens Creek, Inc., The First  Baptist Church Of Rochester, Atlantic Hotel Group, Inc., 2717 Monroe  Avenue, Llc, Mamasans Monroe, Llc, 2799 Monroe Avenue, Llc, Qing Kai Sun, Hemisphere Hotels Inc., 2835 Monroe  Holdings Llc, 2875 Monroe Clover, Llc, Monroe Office Suites, Lcc, Cloverpark  Limited Partnership, New York State  Department Of Transportation, John Does  1- 20, Abc Corporations 1-20, Asm Hospitality Llc, 2815 Monroe Retail Llc Special Proceedings - CPLR Article 78 document preview
						
                                

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FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM INDEX NO. E2018002961 NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3247712 Book Page CIVIL Return To: No. Pages: 216 MINDY LEE ZOGHLIN 300 State Street, Suite 502 Instrument: EXHIBIT(S) Rochester, NY 14614 Control #: 202211080365 Index #: E2018002961 Date: 11/08/2022 Brighton Grassroots, LLC Time: 2:47:23 PM JACOBSON, HOWARD R. HWANG, MARGERY KERRY, ROBERTA GRANT, DAVID G. TOWN OF BRIGHTON TOWN OF BRIGHTON TOWN BOARD TOWN OF BRIGHTON PLANNING BOARD M&F, LLC DANIELE SPC, LLC Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202211080365 Index # INDEX : E2018002961 NO. E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 EXHIBIT B-5 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE BRIGHTON GRASSROOTS, LLC, (INCLUDING MEMBERS: HOWARD R. JACOBSON, MARGERY HWANG, ROBERTA KERRY, DAVID G. GRANT, ANTHONY KINSLOW, PETER MULBERY, LISA WHITTEMORE, NORMAN WHITTEMORE, ROBERTA KERRY-SHARICK, LINDSAY DUELL), Petitioners/Plaintiffs, vs. TOWN OF BRIGHTON, TOWN OF BRIGHTON TOWN BOARD, TOWN OF BRIGHTON PLANNING BOARD, Index No.: E2018002961 (BGR 1) 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.; 2835 MONROE HOLDINGS LLC; 2875 MONROE CLOVER, LLC; MONROE OFFICE SUITES, LCC; CLOVERPARK LIMITED PARTNERSHIP; NEW YORK STATE DEPARTMENT OF TRANSPORTATION; JOHN DOES 1- 20; AND ABC CORPORATIONS 1-20 Respondents/Defendants. 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE BRIGHTON GRASSROOTS, LLC, Petitioner/Plaintiff, vs. TOWN OF BRIGHTON PLANNING BOARD, TOWN OF BRIGHTON TOWN BOARD, TOWN OF BRIGHTON, M&F, LLC; DANIELE SPC, LLC, MUCCA MUCCA LLC, MARDANTH ENTERPRISES, INC,; Index No.: E2018007330 (BGR 2/3) 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; 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. 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE BRIGHTON GRASSROOTS, LLC, Petitioner/Plaintiff, vs. Index No.: E2021000039 (BGR 8) TOWN OF BRIGHTON ONING 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, ABC CORPORATIONS 1-20 Respondents/Defendants. 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 GREETING: WE COMMAND that, all business and excuses being laid aside, in accordance with CPLR §§ 2303a, 2305, 3106b, and 3107, that you attend trial before the Honorable Judge Odorisi at the Monroe County Hall of Justice located at 99 Exchange Blvd Rochester, NY 14614 on December 5, 2022 at 9:30 am or at any recessed or adjourned date, to give oral testimony, to be recorded stenographically before a certified court reporter and possibly video recorded, necessary to the prosecution of this action, and continuing from day-to-day until completed. The reason you are being required to testify is that you have information relevant, material, and necessary to the prosecution of the Petitions in these lawsuits. Copies of the Petitions in each lawsuit are attached as Exhibits A, B and C. PLEASE TAKE NOTICE that if you fail to comply, you will be deemed guilty of contempt of court, and liable to pay all losses or damages and forfeit one hundred fifty dollars. Dated: October 7, 2022 Rochester, New York ______________________________ THE ZOGHLIN GROUP, PLLC Mindy L. Zoghlin, Esq., Attorney for Petitioners Office and Post Office Address 300 State Street, Suite 502 Rochester, New York 14614 Tel.: (585) 434-0790 E-Mail: Mindy@ZogLaw.com IF YOU HAVE ANY QUESTIONS REGARDING THIS TRIAL SUBPOENA, PLEASE CONTACT MINDY ZOGHLIN AT THE ZOGHLIN GROUP, PLLC 585-434-0790 1 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 TO: WEAVER MANCUSO BRIGHTMAN PLLC John A. Mancuso, Esq. Attorney for the Town of Brighton 150 Allens Creek Road, Suite 240 Rochester, NY 14618 Tel.: (585) 301-4777 E-mail: jmancuso@wmbpllc.com WOODS OVIATT GILMAN LLP Warren B. Rosenbaum, Esq. John C. Nutter, Esq. Jerry A. Goldman, Esq. Erin Elmouji, Esq. Attorneys for the Developer 1900 Bausch & Lomb Place Rochester, NY 14604 E-mail: wrosenbaum@woodsoviatt.com jnutter@woodsoviatt.com jgoldman@woodsoviatt.com eelmouji@woodsoviatt.com CC: HODGSON RUSS LLP Charles W. Malcomb, Esq. Aaron Saykin, Esq. Attorneys for Save Monroe Ave., Inc. The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York 14202-4040 Tel.: (716) 848-1261 E-Mail: CMalcomb@HodgsonRuss.com Asaykin@HodgsonRuss.com NIXON PEABODY LLP Robert Burgdorf, Esq. Laurie Styka Bloom, Esq. Attorneys for Cover Allens Creek Neighborhood Association LLC 1300 Clinton Square, Rochester, NY 14604-1792 Tel: (585) 263-1333 E-mail: Rburgdorf@nixonpeabody.com Lbloom@nixonpeabody.com 2 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 ROCHESTER GAS AND ELECTRIC CORPORATION John Forbush, Esq. 89 East Avenue, 10th Floor Rochester, NY 14649 Email: John.forbush@avangrid.com 3 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 11/08/2022 02:44 PM NYSCEF DOC. NO. 951 RECEIVED NYSCEF: 11/08/2022 EXHIBIT A 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 STATE OF NEW YORK SUPREME COURT MONROE COUNTY BRIGHTON GRASSROOTS, LLC, (INCLUDING MEMBERS: HOWARD R. JACOBSON, MARGERY HWANG, ROBERTA KERRY, DAVID G. GRANT, ANTHONY KINSLOW, PETER MULBERY, LISA WHITTEMORE, NORMAN WHITTEMORE, ROBERTA KERRY-SHARICK, LINDSAY DUELL), Petitioners/ vs. Plaintiffs, TOWN OF BRIGHTON, Index No. TOWN OF BRIGHTON TOWN BOARD, E2018002961 TOWN OF BRIGHTON PLANNING BOARD, M&F, LLC; DANIELE SPC, LLC MUCCA MUCCALLC;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, LCC; CLOVERPARK LIMITED PARTNERSHIP; NEW YORK STATE DEPARTMENT OF TRANSPORTATION; JOHN DOES 1- AND ABC CORPORATIONS 20; 1-20, Respondents/ Defendants. FIRST AMENDED VERIFIED PETITION AND COMPLAINT 1 1 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 (" Petitioners" Petitioners/plaintiffs ("Petitioners"), by their attorneys, The Zoghlin (" Respondents" Group PLLC, complain of Respondents/Defendants ("Respondents") as follows: I. INTRODUCTION 1. This is a combined Declaratory Judgment and Article 78 "Town" proceeding to challenge the Town of Brighton's (the "Town") decisions granting Incentive Zoning approval and adopting the SEQRA Findings "Action" Statement for the Whole Foods Plaza project (the or "Proposed Development" Development") without complying with, among other things, New York State Town Law § 261(b) (the State Incentive Zoning Law enabling statute); the Town of Brighton Zoning Code; the Town of Brighton Incentive Zoning Law; the New York State Environmental Quality Review Act ("SEQRA"); and the New York State Open Meetings Law. 2. The Action is an illegal use of Incentive Zoning because, among other things, the Town exceeded the scope of its lawful authority by granting benefits to the developer that far exceeded the value of "amenities" "amenities" granted to the Municipality. In fact, the are in actuality mitigation measures that the municipality could have required in the normal zoning and SEQRA review process, and therefore do not legally constitute Incentive Zoning concessions. 3. The Action required, but failed to obtain, state legislative approval for the alienation of public parkland in violation of the public trust doctrine. 2 2 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 4. The Action required, but failed to obtain, conveyance of a Town owned real estate interest subject to a permissive referendum pursuant to NY Town Law § 90 et seq. 5. Petitioners seek an order pursuant to CPLR Article 78 and 3001 et seq.: a) annulling and vacating the March 28, 2018 Resolution granting Incentive Zoning approval for the Proposed Resolution" Development (the "Incentive Zoning Resolution"); b) annulling and vacating the March 28, 2018 Resolution adopting the SEQRA Findings Statement (the "SEQRA Resolution" Resolution"); c) annulling and vacating all related actions; d) temporarily and permanently enjoining respondents from taking any action regarding approvals for the Proposed Development without first complying with the provisions of the NYS Town Law § 261-6 (Incentive Zoning enabling legislation); and the provisions of the Town of Brighton Town Code; e) temporarily and permanently enjoining Respondents from taking any action regarding approvals for the Proposed Development without first complying with the provisions of the State Environmental Quality Review Act ("SEQRA"), and New York Environmental Conservation Law ("ECL"), section 8-0101 et seq.; f) temporarily and permanently enjoining the Respondents from proceeding with the Proposed Development until the Town has alienated the Recreation Easement, with prior State legislative approval, all in compliance with the Public Trust Doctrine; g) temporarily and permanently enjoining Respondents from taking any action regarding approvals for the Proposed Development without first conveying the Town owned real estate interest subject to a permissive referendum pursuant to Town Law § 90 et seq., and upon meaningful notice to the 3 3 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 public in compliance with the spirit and intent of the Open Meetings Law; h) temporarily and permanently enjoining the Respondents from conducting any activities/site work with respect to the Proposed Development during the pendency of this action; i) directing the Town of Brighton to comply with Chapter 13 of the Brighton Town Code by preserving the Recreation Easement and its natural features; j) directing the Town of Brighton to carry out its duty, as Trustee, to protect the Recreation Easement, as trust corpus, for the benefit of the people of New York State, the Trust beneficiaries, by enjoining the Town of Brighton from implementing any plan to relocate the Recreation Easement; k) permanently enjoining the Town of Brighton from alienating tire Recreation Easement without prior legislative approval; 1) declaring that the Town's conveyance of the Recreation Easement to the Developer is subject to the public's right to petition for a permissive referendum, and to give the public adequate notice pursuant to the intent and requirements of New York's Open Meetings Law; m) determining that the Town's conduct with respect to the Action violated New York's Open Meetings Law; and attorneys' n) awarding petitioners their fees, costs and disbursements, together with such other and further relief as this court deems just and proper. II. THE PARTIES (" 6. Brighton Grassroots, LLC ("Brighton Grassroots") is a domestic limited liability company organized and existing under the laws of the state of New York and is authorized to do business in New York. It is comprised of Town of Brighton residents who share the values and objectives of the organization, and has broad community support as 4 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 evidenced by, among other things, the approximately 500 residents who came to the February 28, 2018 public hearing to object to the Town approving this Project under Incentive Zoning instead of applying the standard protections of the zoning code. 7. Brighton Grassroots was formed for the purposes of, among other things, advancing by any legal means the betterment of the community of the Town of Brighton by: encouraging and advocating for open, honest and transparent local government; adherence to local zoning, land use and other laws; and education, litigation and advocacy related thereto. 8. Brighton Grassroots believes that itwas unlawful for the Town to circumvent the traditional zoning process by granting Incentive Zoning approvals for the Proposed Development in a manner that misused the Incentive Zoning process established under state and local law. 9. Brighton Grassroots believes that it was unlawful for the Town to circumvent the traditional zoning process by granting Incentive Zoning approvals for the Proposed Development in a manner that provided grossly disproportionate benefits to the Developer as compared to the benefits received by the community. 10. Brighton Grassroots commenced this litigation because, among other reasons, a) It was unlawful for the Town to use Incentive Zoning (or any zoning) for the purpose of giving this Developer a financial 5 5 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 "bailout" to help the Developer correct its poor financial decisions, instead of applying the legal standards that must be applied. b) The Town Board, as Lead Agency under SEQRA, failed to identify and mitigate potentially significant traffic impacts associated with the Proposed Development. c) The Town Board's conduct with respect to the Proposed Development violated New York's Open Meetings Law, and representatives' the Town obligations to act in a transparent (and socially responsible) manner in violation of the spirit, intent and language of the Open Meetings Law. d) The Town Board's decision unlawfully misused the Incentive Zoning process to permit oversized private development in violation of standard zoning limits for the primary purpose of increasing this Developer's profits, at the expense of the community, instead of applying the appropriate legal standards. 11. The Town Board's efforts ignored its legal obligations under the public trust doctrine by agreeing to alienate public parkland without prior legislative approvals and by authorizing a conveyance of Town property without a permissive referendum. 12. Brighton Grassroots constituents come from the entire Brighton community (and, increasingly, parts of Pittsford). Many of Grassroots' Brighton members reside in the immediate area that would be directly and adversely affected by the facts and circumstances pleaded herein, and many of its members also regularly use the segment of the recreational trail commonly referred to as the Auburn Trail that runs between Allens Creek Road and Clover Street in the Town of Brighton, and therefore have an interest different from the public at large. Several Grassroots' of Brighton members reside within 500 feet or less of the 6 6 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 Proposed Development. 13. Petitioners Hwang, Kerry, Grant, Kinslow, Mulbery, L. Members" Whittemore, N. Whittemore and Duell (the "Individual Members") all reside in close proximity to the intersection of Clover Street and Allens Creek Road, and frequently use that intersection to go to and from their homes and work. 14. The developer admits that the proposed development will cause westbound left turn movement to degrade from a LOS (level of "E" "F" Associates' service) to (failing) during the PM peak hour. See SRF Traffic Impacts Study for the proposed Whole Foods Plaza Redevelopment Study" (last dated January 19, 2018) (the "Traffic Impact Study"), page 25, para. 15. The Traffic Impact Study is attached hereto as Exhibit M. This will result in special harm to the Individual Members. 15. The developer admits that the volume of traffic on Clover Street between Shoreham Drive and Allens Creek Road will increase as a result of the Proposed Development. Traffic Impact Study, Exhibit M, Table XII, pages 32-33. This will result in adverse traffic impacts and other special harm to the Individual Members. 16. The developer admits that the volume of traffic on Allens Creek between Schoolhouse Lane and Clover Street will increase as a result of the Proposed Development. Traffic Impact Study, Exhibit M, Table XII, pages 32-33. This will result in adverse traffic impacts and special harm to the Individual Members. 7 7 of 70 202211080365 IndexNO. INDEX #: E2018002961 E2018002961 FILED: MONROE COUNTY CLERK 05/11/2018 11/08/2022 03:27 02:44 PM NYSCEF DOC. NO. 18 951 RECEIVED NYSCEF: 05/11/2018 11/08/2022 17. The interests sought to be protected by Brighton Grassroots are germane to its purposes. 18. Howard R. Jacobson is an individual residing at 10 Sandringham, Town of Brighton ("Jacobson"). Jacobson resides approximately 1.2 miles north and east of the Proposed Development.