Dana Lyon controversy taking a breather
By ROB PRICE THE COURIER-ADVOCATE

BATH - With the winter construction season quickly approaching, it appears the controversial future of the former Dana Lyon elementary school building is headed for hibernation.

Bath village Mayor David Wallace last week said he has received no recent data in connection with an environmental quality review study the village has ordered development company Liberty-East Washington LLC to continue working on.

Village board members earlier this year asked the company to provide the data after a review of the potential environmental impact of demolishing the school building and rezoning the

area for commercial use. Liberty-East Washington LLC has announced plans to replace the 1923 structure with an Eckerd drug store and has requested both a demolition permit and rezoning the land from its current residential designation.

With no action from Liberty-East Washington, Wallace said the entire issue has moved to the background of village government.

"I'm not giving it a great deal of thought," he said. "There's nothing for the village board to do at this point. If applications are brought before the village board, we'll take a look at them."

Liberty-East Washington's plans have been stymied to date by litigation initiationed by heirs of the original owner of the Dana Lyon property, who contend a portion of the property reverted to the estate of the late Ira Davenport once the land and building were no longer used for education purposes.

That matter remains in litigation with an appeal to be heard early next year by the state Appellate Court.

Wallace speculated the court may hand down a decision sometime in March, at which point the matter will return to New York state Supreme Court and the courtroom of Acting Supreme Court Justice Marianne Furfure. Any subsequent decision "could be months after that," said the mayor.

LaVerne Billings, a partner in Liberty-East Washington LLC, added he also is not aware of any new developments in the Lyon saga - beyond the recent purchase of the Eckerd corporation by Rite Aid. "Not that I know of," Billings said when asked if there was anything new to report.

Billings added he and developer Peter Krough believe the main Dana Lyon property cannot be renovated for other uses. "There's nothing I know of that can be done with the building,' he said.

That's a point of contention with The Save the Lyon Commission, the local preservationist group that has spearheaded efforts to hold the Dana Lyon demolition at bay. The group says it envisions a variety of community uses for the building, including a theater and art studios.