State Supreme Court Justice Robert Noonan was expected to release a written decision last week, but reportedly needs more information.
No date for a follow-up hearing has been announced.
Attorneys for Frost Ridge Campgrounds asked the court to reverse the decision because the owners want to hold their annual concert series at the campground. Since the injunction, they have organized shows at alternative sites.
The injunction issued in May was in response to lawsuits from the Town of Le Roy. New information presented the court shows the Zoning Board of Appeals determined that Frost Ridge was being operated in 2013 within the bounds of its use.
Ownership of the grounds has changed hands the past several years. The Luetticke-Archbell family purchased 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 then the ZBA was asked to clarify how it was zoned. The board supposedly responded by viewing the activities on the grounds as “preexisting nonconforming”, as the nature of their business was established before the town devised a master plan in 1967.
Since 2012, Luetticke-Archbell have established 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 ultimately be granted through a review of the town board.
In addition to the on-going lawsuit, the Luetticke-Archbell family suffered the loss of their home by fire over the July 4th holiday weekend. The cause of the fire is reportedly undetermined.
Featured photo: The Farm, as they performed at the Frost Ridge Campgrounds in 2013. The picture was shared on the campgrounds’ Facebook page.