A decade-long drama is drawing to a close with a recent decision by the New York State Court of Appeals that saves the Great Neck Park District from forking over millions more for a waterfront parcel owned by George M. Cohan that was purchased using eminent domain and added to Steppingstone Park.
“It’s been a long, long time and we’re grateful that it’s over,” said Ruth Tamarin, a member of the park district’s board of commissioners. “The community is so happy to have this piece of property because it’s been enjoyed by so many, and it’s absolutely made a difference.”
In its ruling, the New York State Court of Appeals denied a motion by Kings Points Heights LLC to appeal a lower court’s determination that set the parcel’s value at $2.95 million, most of which has been paid by the park district, according a statement issued by the park district.
The park district purchased the 2.4-acres of waterfront property known as the Cohan Parcel in 2001.
Part of the famed Cohan Estate, the land was acquired by the park district as an extension to Steppingstone Park.
Kiumarz Guela, the primary owner of Kings Points Heights LLC, objected to the purchase. He wanted to develop a family compound with four water-oriented homes, said Jon Santemma, his attorney.
“When they took away the water frontage, they reduced the number of parcels and destroyed what his plan was,” Santemma said.
Tamarin said the park district had eyed the property for decades with a goal of preserving it for public use.
“More and more property on the water was being bought up,” she said. “This was probably the last piece that we could save from being sold off.”
The park district had an agreement with the previous owners, the Gross family, which gave them a right of first refusal. This guaranteed the first chance to purchase the land if it was put up for sale.
When the estate came up for sale in 1999, the park district made an offer.
“Then low and behold the next thing we heard was that someone else, Kings Points Heights LLC, also made a bid and said he could pay immediately,” Tamarin said. “Us being a park district, it would take a little bit longer because he would have to wait for us to put together a bond.”
The Kings Points Heights bid was accepted and they gained control of the land.
The estate was made famous by George M. Cohan, an actor, songwriter, playwright, producer and director who played a vital role in the development of Broadway musical comedy. Cohan acquired the Village of Kings Point-based property in 1915, according to court documents.
It was later called home by Walter Annenberg, philanthropist and publisher who created “Seventeen” magazine and whose newspaper “The Philadelphia Enquirer” opposed McCarthyism and promoted the Marshall Plan.
Having fallen into disrepair, the Mediterranean-style villa was targeted for demolition by Guela until it was designated a landmark by Village of Kings Point trustees, according to court documents.
Village trustees opposed the park district obtaining the land through eminent domain until the park district reach an agreement that the waterfront would never be developed.
“We ended up going for eminent domain because at that time we really did not have the complete support from the Village of Kings Point,” Tamarin said.
Guela received $2.95 million for the parcel, but nothing for damages due to the loss of waterfront access.
“They felt they were entitled to more compensation,” said park district attorney Saul Fenchel. “Their claim was by taking certain parcels, the Great Neck Part District was doing damage to the remainder.”
Santemma said he will file a claim for an additional $100,000 for legal fees, which will bring the Cohan saga to an end within the next few months.
“It’s up to the court to decide if they are entitled to any legal fees at all,” Fenchel said. “It’s hard to say if what will happen. What you claim is not what you get.”
