LEGAL VICTORY FOR SAVE THE LYON GROUP
Attorney: 'For all practical purposes ... it's over.'
By ROB PRICE THE COURIER-ADVOCATE

BATH - The state Appellate Court last handed a critical legal victory to a local historical preservationist group opposing the demolition of the former Dana Lyon school building, according to the attorney representing the group.

The ruling, released earlier this month, upholds the reversion of a key parcel of land on which the building sits to the estate of the late Ira Davenport. The court upheld claims by Davenport's heirs the property reverted to his estate once the building was no longer used for educational purposes.

"For all practical purposes on this issue, it's over," Rochester attorney Alan Knauf said Wednesday.

The ruling affects only the status of a portion of the school known as the Primary Annex, which was built in 1899. The bulk of the building, constructed in 1923, remains under the ownership of the development company Liberty-East Washington LLC, which has applied for a permit to demolish the newer structure.

The company's demolition application, together with an application to rezone the property for commercial use, remains under environmental review by the Bath village board, which serves as lead agent in the state-mandated environmental review process.

Liberty-East Washington has announced plans to build an Eckerd Pharmacy in place of the 1923 building.

The local preservationist group Save the Lyon Commission has fought the development effort since 2003, enlisting the support of Davenport's heirs to lay claim to the Primary Annex building. Since the litigation began, Davenport's heirs have transferred their claim to the property to the Commission, which has announced plans to develop the building for residential and community use.

In reviewing the Appellate Court's decision, Knauf noted the building had not been used for educational purposes since 2002. Davenport's donation of the land to the Haverling school district had stipulated it serve an educational function or else revert to his estate.

"The property is not held for educational purposes; it's just that simple," Knauf said.