Frost Ridge Legal Battles

Frost Ridge Campgrounds boasts a long history – 50 years, to be exact – for being a site to see live music. Nestled deep within the farmlands and orchards of Western New York, it lends to an intimate, outdoor venue for live music, while also being accessible to the cities of Buffalo and Rochester, both about 40 miles away.

But, to those who reside near the campground, the amplified music and crowds that draw nearly 800 people, is far from ideal. Coupled with the fact the Town of Le Roy ultimately said the concert venue, a proposed bar and grill, and even the campgrounds themselves violate the town’s zoning.

Recently, New York Supreme Court Judge Robert C. Noonan granted a temporary injunction against amplified music at the campgrounds, as the town pursues a lawsuit that could potential shut everything down.

David and Greg Luetticke-Archbell, co-owners of the Frost Ridge Campgrounds, responded with the following statement:

The Town of Le Roy, NY (Town) has filed suit against Frost Ridge Campground LLC (Frost Ridge) alleging they are in violation of local zoning code. After initial arguments, Judge Robert C. Noonan has ordered Frost Ridge to temporarily suspend “amplified outdoor concerts and alcohol service” until the merits of the lawsuits can be fully addressed.
Of course, Frost Ridge has complied and will continue to comply with Judge Noonan’s Order. In the meantime, Frost Ridge remains open to all its camping guests, and will continue to seek alternative options and potential venues for its live music.
Again, we thank our guests for being patient, as we have had to be patient. We need to allow this process to be worked through. There may be a few bumps along the way, but everyone who knows us will realize that we work through issues to resolve them.

To comply, Frost Ridge has made arrangements to host their scheduled concerts at an indoor venue off the campgrounds.  Attempts to contact Frost Ridge for comment went unanswered.

The events have been earnestly reported by The Batavian, an online news source for the local community. Through their investigating of the events, the crux of the matter seems to lie on how the land was being used in 1967.

Ownership of the grounds has changed hands a few times over the years. Luetticke-Archbell bought the grounds in 2008. In doing so, there was no apparent confusion over how the land could be used, due in part to a 1998 decision by the town’s zoning board of appeals. As the land was being sold nearly 20 years ago, its owner asked the ZBA to clarify how it was zoned. The board supposedly responded viewing the activities on the grounds as “preexisting nonconforming”, as they were established before the town devised their master plan in 1967.

Since 2012, Luetticke-Archbell have started to establish a healthy summer music festival, luring music talents from across the country. According to the campground’s website, music has been played there since it was known primarily as a ski lodge. The campgrounds, according to the two brothers, were established in 1963.

The town, citing from their records, see only the ski lodge as being grandfathered into their zoning plans. Everything else, after 1967, would require a use variance, which would go through the ZBA, whose present members have since disagreed with the board’s decision in 1998.


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