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JOSEPH MEYERS & ASSOCIATES P.C.
December 17, 2010
Ramapo Supervisor Christopher P. St. Lawrence Christopher St. Lawrence, President and Chairman of the Board Michael Klein, Esq. Ladies and Gentlemen: As you know, the Town of Ramapo recently passed a resolution approving the transfer from the Town of Ramapo to the Ramapo Land Development Corporation of approximately 61 acres of land in the vicinity of Pomona Road and Fireman's Memorial Drive for development as a baseball stadium. I am writing this letter in my capacity as a Rockland County Legislator, attorney, resident of Ramapo, and representative of Preserve Ramapo and a group of local residents which together have retained the law firm Zarin & Steinmetz to commence a lawsuit challenging the validity of such land transfer on several grounds and seeking to nullify such land transfer. The basis of such legal action may include, without limitation, the following: The transfer constituted a transfer of a park and recreation facility without proper NYS approval. The property was considered a parks and recreation facility even in The Town of Ramapo's own resolution No. 2010-635. Further, Town of Ramapo park improvement bond funds have been utilized to improve the site further demonstrating that the property is parkland. The existence of a violation of the Certificate of Incorporation of the Ramapo Land Development Corporation because the transaction was not an arm's length transaction with the Town of Ramapo. Based on NYS Department of Law opinions, an inherent conflict of interest existed in the transaction in that Christopher St. Lawrence was the deciding vote on both the Town of Ramapo and Ramapo Land Development Corporation boards to approve the transaction. The Town of Ramapo made an unconstitutional gift of land to the Ramapo Development Corporation. The transfer constituted a violation of the terms of the bonds utilized by the Town of Ramapo to purchase the land and a violation of the fiduciary responsibility to the bondholders of such bonds. The conveyance of the property was subject to permissive referendum under Town Law, Sec. 64 but the proper notices regarding such permissive referendum were not made. The improper designation of the property as blighted for urban renewal purposes. You are hereby placed on notice of such impending lawsuit. Accordingly, please be advised that you have a legal, fiduciary and ethical obligation to disclose to any lenders, consultants, title companies and other parties involved in such land transfer or any financing involving such land of the above impending and threatened legal claim. You may not knowingly make any representation that is inconsistent with your knowledge of the impending and threatened lawsuit. Copies of this letter may also be sent by the undersigned to a variety of title companies, lenders and other parties in an effort to provide a wide array of possible lenders, title companies and other parties with the information contained in this letter. Such dissemination of this letter should in no way be deemed a waiver or modification of your obligation to disclose the impending lawsuit to the parties named above. Very Truly Yours, |