Village of Kings Point Mayor Michael Kalnick said last week he will probably appeal a recent decision by the New York State Supreme Court that barred the village from building a new department of public works headquarters on a parcel in Kings Point Park and ordered the removal of existing village structures there.
But if the village goes ahead with the appeal village taxpayers may have to bear the cost
Fidelity National Title Insurance Co., which has paid for the cost of the ongoing litigation surrounding the village’s use of the park land, notified village officials Wednesday, June 29, that the company will no longer pay.
“We think they’re wrong, but we’ll deal with the title company,” Kalnick said. “I can’t say more because it will probably be the subject of litigation.”
Kings Point village attorney Stephen Limmer advised trustees to seek outside counsel if they take action against the title insurance company because his firm has done work for Fidelity National.
Limmer said his firm would represent Kings Point in an appeal of the Kings Point Park lawsuit. His fees are approximately $270 per hour for litigation.
Trustees planned to build a new department of public works headquarters on the parcel and sell the site of the old department of public works. The sale would net about $3.5 million, saving taxpayers the cost of a new building.
The 5.5 acre parcel has been used for non-park purposes for more than 60 years. It currently houses a salt shed, garage, and construction materials such as sand and wood chips.
Great Neck resident
Great Neck residents Daniel Capruso, Elizabeth Allen and Alan Berkower filed suit after trustees sought to remove the site from recreational use
Though he is not a Village of Kings Point resident, Capruso lives about 50 feet from the park and said he uses existing trails there nearly everyday along with other people.
A supreme court judge ordered the village to remove all non-park related materials and structures, and pay for plaintiff attorney fees.
The cost of litigation has been the subject of ongoing criticism from Kings Point Civic Association President Marsh Rotman, who catalyzed local opposition to a 9.8 percent village tax hike through community meetings and e-mail blasts.
Kalnick has said the tax increase was necessary to cover the cost of state mandates. The tax hike prompted village residents Mojgan Sasson and David Schifter to mount a write-in campaign in a failed attempt to unseat trustees Peter Aron and Ron Horowitz in on June 21 election.
Kalnick defended the appeal.
“We have to preserve what we have now,” he said. “The court order said to remove those structures. That costs residents money. We need a salt storage shed.”
If denied on appeal, Kalnick said the state lLgislature could intervene and revoke the land’s park status.
“We will be applying to the state Legislature,” he said.
Capruso said non-park uses date back to the mid-1940s, when the village withdrew the 5.5 acres from a lease with the Great Neck Park District. It has been used variously as an artillery range for the Kings Point Police Department, and as a storage site for salt, construction materials and vehicles.
