Preview
FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019
CI2019-16697 Index # : EF2019-0509
STATE OF NEW YORK
TOMPKINS COUNTY SUPREME COURT
_______________________________________
BRIAN H. GROUT, SUSANNE DENNIS and JAMES C.
ROGAN in his capacity as Trustee of the James C. Rogan
Revocable Living Trust and the Julie S. Rogan Revocable NOTICE OF PETITION
Living Trust,
Petitioners-Plaintiffs,
-vs.-
VISUM DEVELOPMENT GROUP LLC; IC
OVERLOOK, LLC; INSITE TOWERS, LLC; CITY OF
ITHACA PLANNING AND ECONOMIC
DEVELOPMENT BOARD, CITY OF ITHACA BOARD
OF ZONING APPEALS; CITY OF ITHACA; COMMON
COUNCIL OF THE CITY OF ITHACA; DIRECTOR OF
CODE ENFORCEMENT for the City of Ithaca; ZONING
ADMINISTRATOR for the City of Ithaca; and JOHN
DOES,
Respondents-Defendants.
______________________________________
PLEASE TAKE NOTICE that upon the annexed Petition and Complaint, verified by
Brian H. Grout on August 21, 2019, an application will be made to this Court by Petitioners Brian
H. Grout; Susanne Dennis; and James C. Rogan in his capacity as Trustee of the James C. Rogan
Revocable Trust and the Julie S. Rogan Revocable Living Trust (“Petitioners”) at the Tompkins
County Courthouse, 320 North Tioga Street, Ithaca, New York, 14850 on November 4, 2019 at
9:00 a.m. or at such other date and time as this Court may specify, for an Order and Judgment
providing the following relief:
(1) Vacating, annulling or remitting the City of Ithaca Planning and Economic
Development Board’s grant of preliminary site plan approval of July 23, 2019, and
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FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019
CI2019-16697 Index #: EF2019-0509
any other approvals or interpretations to facilitate the Project, pursuant to CPLR
Article 78 on the grounds that the resolution was ultra vires, in violation of lawful
procedure, arbitrary and capricious, affected by an error of law, an abuse of discretion
and that the Planning Board failed to perform duties enjoined upon it by law;
(2) Determining that the Planning Board failed to comply with the State Environmental
Quality Review Act and Ithaca City Code Chapter 176 by failing to consider or
adequately address the environmental impacts;
(3) Enjoining the respondents from considering final site plan approval, or issuing
building permits for the Development, pending review of this proceeding;
(4) Declaring that Section 325-20[F][3][b] violates state law (General City Law 27-a),
facially and as applied; and
(5) Granting whatever other and further relief the Court deems just, equitable and proper.
A Verified Answer and supporting Affidavits, if any, must be served at least five (5) days
before the return date of this proceeding. Tompkins County is designated as the venue of this
proceeding, pursuant to CPLR §§503, 504, 506(b) and 507, on the basis of (1) the location of the
real property that is the subject of this proceeding in Tompkins County, and (2) the location of
Petitioners and Respondents in Tompkins County.
Petitioner Brian H. Grout resides at 1431 Wilkins Road, Town of Ulysses, New York
14882, in the County of Tompkins and State of New York.
Petitioner Susanne Dennis resides at 1075 Taughannock Blvd., Ithaca, New York, in the
County of Tompkins and State of New York.
Petitioner James C. Rogan resides at 14 Ladoga Park Road, Lansing, in the County of
Tompkins and the State of New York.
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CI2019-16697 Index #: EF2019-0509
Respondent Visum Development Group LLC is a New York limited liability company
with offices in Tompkins County.
Respondent IC Overlook, LLC is a New York limited liability company with offices in
Tompkins County.
Respondent Insite Towers, LLC is a Delaware limited liability company with offices in
Albany County.
Respondent City of Ithaca Planning and Economic Development Board is a planning
board existing pursuant to General City Law 27-a with offices at 108 East Green Street, Ithaca,
New York.
Respondent City of Ithaca Board of Zoning Appeals is a zoning board existing pursuant
to General City Law 81 with offices at 108 East Green Street, Ithaca, New York.
The City of Ithaca is a municipal corporation with offices at 108 East Green Street, Ithaca,
New York.
The Common Council of the City of Ithaca is the legislative body of the City of Ithaca,
with offices located at 108 East Green Street, Ithaca, New York.
The Director of Code Enforcement is an administrative official employed by the City of
Ithaca Planning, Building, Zoning and Economic Development Department, with an office at 108
East Green Street, Ithaca, New York.
The Zoning Administrator is an administrative official employed by the City of Ithaca
Planning, Building, Zoning and Economic Development Department, with an office at 108 East
Green Street, Ithaca, New York.
John Does are fictitious names of unascertained persons, if any, with interests in the
subject matter of the action.
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FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019
CI2019-16697 Index #: EF2019-0509
Dated: August 21, 2019
MAINES FIRM, PLLC
______________________
By: Russell E. Maines, of counsel
Attorney for Petitioners-Plaintiffs Brian H.
Grout and James C. Rogan
109 East Seneca Street
Ithaca, New York 14850
Phone: (607) 279-1775
Fax: (607) 273-2339
KNAUF SHAW LLP
Alan J. Knauf by
Russell E. Maines _____________________________
By: Alan J. Knauf, of counsel
Attorneys for Petitioner-Plaintiff
Susanne Dennis
1400 Crossroads Building
2 State Street
Rochester, New York 14614
Phone: (585) 546-8430
Fax: (585) 546-4324
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Preview
FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019 CI2019-16697 Index # : EF2019-0509 STATE OF NEW YORK TOMPKINS COUNTY SUPREME COURT _______________________________________ BRIAN H. GROUT, SUSANNE DENNIS and JAMES C. ROGAN in his capacity as Trustee of the James C. Rogan Revocable Living Trust and the Julie S. Rogan Revocable NOTICE OF PETITION Living Trust, Petitioners-Plaintiffs, -vs.- VISUM DEVELOPMENT GROUP LLC; IC OVERLOOK, LLC; INSITE TOWERS, LLC; CITY OF ITHACA PLANNING AND ECONOMIC DEVELOPMENT BOARD, CITY OF ITHACA BOARD OF ZONING APPEALS; CITY OF ITHACA; COMMON COUNCIL OF THE CITY OF ITHACA; DIRECTOR OF CODE ENFORCEMENT for the City of Ithaca; ZONING ADMINISTRATOR for the City of Ithaca; and JOHN DOES, Respondents-Defendants. ______________________________________ PLEASE TAKE NOTICE that upon the annexed Petition and Complaint, verified by Brian H. Grout on August 21, 2019, an application will be made to this Court by Petitioners Brian H. Grout; Susanne Dennis; and James C. Rogan in his capacity as Trustee of the James C. Rogan Revocable Trust and the Julie S. Rogan Revocable Living Trust (“Petitioners”) at the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, 14850 on November 4, 2019 at 9:00 a.m. or at such other date and time as this Court may specify, for an Order and Judgment providing the following relief: (1) Vacating, annulling or remitting the City of Ithaca Planning and Economic Development Board’s grant of preliminary site plan approval of July 23, 2019, and 1 1 of 4 FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019 CI2019-16697 Index #: EF2019-0509 any other approvals or interpretations to facilitate the Project, pursuant to CPLR Article 78 on the grounds that the resolution was ultra vires, in violation of lawful procedure, arbitrary and capricious, affected by an error of law, an abuse of discretion and that the Planning Board failed to perform duties enjoined upon it by law; (2) Determining that the Planning Board failed to comply with the State Environmental Quality Review Act and Ithaca City Code Chapter 176 by failing to consider or adequately address the environmental impacts; (3) Enjoining the respondents from considering final site plan approval, or issuing building permits for the Development, pending review of this proceeding; (4) Declaring that Section 325-20[F][3][b] violates state law (General City Law 27-a), facially and as applied; and (5) Granting whatever other and further relief the Court deems just, equitable and proper. A Verified Answer and supporting Affidavits, if any, must be served at least five (5) days before the return date of this proceeding. Tompkins County is designated as the venue of this proceeding, pursuant to CPLR §§503, 504, 506(b) and 507, on the basis of (1) the location of the real property that is the subject of this proceeding in Tompkins County, and (2) the location of Petitioners and Respondents in Tompkins County. Petitioner Brian H. Grout resides at 1431 Wilkins Road, Town of Ulysses, New York 14882, in the County of Tompkins and State of New York. Petitioner Susanne Dennis resides at 1075 Taughannock Blvd., Ithaca, New York, in the County of Tompkins and State of New York. Petitioner James C. Rogan resides at 14 Ladoga Park Road, Lansing, in the County of Tompkins and the State of New York. -2- 2 of 4 FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019 CI2019-16697 Index #: EF2019-0509 Respondent Visum Development Group LLC is a New York limited liability company with offices in Tompkins County. Respondent IC Overlook, LLC is a New York limited liability company with offices in Tompkins County. Respondent Insite Towers, LLC is a Delaware limited liability company with offices in Albany County. Respondent City of Ithaca Planning and Economic Development Board is a planning board existing pursuant to General City Law 27-a with offices at 108 East Green Street, Ithaca, New York. Respondent City of Ithaca Board of Zoning Appeals is a zoning board existing pursuant to General City Law 81 with offices at 108 East Green Street, Ithaca, New York. The City of Ithaca is a municipal corporation with offices at 108 East Green Street, Ithaca, New York. The Common Council of the City of Ithaca is the legislative body of the City of Ithaca, with offices located at 108 East Green Street, Ithaca, New York. The Director of Code Enforcement is an administrative official employed by the City of Ithaca Planning, Building, Zoning and Economic Development Department, with an office at 108 East Green Street, Ithaca, New York. The Zoning Administrator is an administrative official employed by the City of Ithaca Planning, Building, Zoning and Economic Development Department, with an office at 108 East Green Street, Ithaca, New York. John Does are fictitious names of unascertained persons, if any, with interests in the subject matter of the action. -3- 3 of 4 FILED: TOMPKINS COUNTY CLERK 08/21/2019 08:15 PM INDEX NO. EF2019-0509 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/21/2019 CI2019-16697 Index #: EF2019-0509 Dated: August 21, 2019 MAINES FIRM, PLLC ______________________ By: Russell E. Maines, of counsel Attorney for Petitioners-Plaintiffs Brian H. Grout and James C. Rogan 109 East Seneca Street Ithaca, New York 14850 Phone: (607) 279-1775 Fax: (607) 273-2339 KNAUF SHAW LLP Alan J. Knauf by Russell E. Maines _____________________________ By: Alan J. Knauf, of counsel Attorneys for Petitioner-Plaintiff Susanne Dennis 1400 Crossroads Building 2 State Street Rochester, New York 14614 Phone: (585) 546-8430 Fax: (585) 546-4324 -4- 4 of 4