The saga continues
Litigation seeks to void Dana Lyon school sale
By ROB PRICE THE COURIER-ADVOCATE

FILE PHOTO Pictured above, the Dana Lyon school building could revert to the Haverling school district if the courts honor a new demand from plaintiffs challenging its possible demolition.

BATH - A new legal wrinkle has developed in the legal battle surrounding the former Dana Lyon school building, with plaintiffs in the four-year-old lawsuit demanding the property be returned to the Haverling school district.

A memorandum of law filed last month in New York Supreme Court asks Acting Supreme Court Justice Marianne Furfure to void the 2003 sale of the building on the grounds the sales price of $225,000 did not reflect the property's assessed value of $710,000.

The property was sold to the development group Liberty East Washington LLC by the school district, which had completed the construction of a new elementary school building on the main campus of the district.

Heirs of the late Ira Davenport, who originally donated the property for the school district, eventually sued, alleging a portion of the property should have reverted to Davenport's estate, due to a reversionary clause ordering the property to be used for educational purposes.

The Davenport heirs now are asking that the local preservation group Save the Lyon Commission be included as a plaintiff in their action, as the plaintiffs have deeded their share of the contested property to the local organization.

That request, if granted, would have the effect of placing Save the Lyon member and spokesperson Rosalie Niemczyk in direct legal conflict with the Haverling school board, on which Niemczyk also serves.

Niemczyk told The Courier she plans to join school board executive sessions in reviews of the litigation, although she will recuse herself from voting on motions connected with the law suit.

Rochester attorney Alan Knauf, representing the plaintiffs, told The Courier the law suit alleges the school district "didn't put forth sufficient effort" when it chose to sell the Dana Lyon property to Liberty East Washington LLC.

Haverling school Superintendent Marion Tunney said she has not seen a copy of the memorandum and could not comment on the litigation. However, Tunney told The Courier there were no parties besides Liberty East Washington LLC interested in purchasing the property. "There were none." she said.

Knauf Nov. 20 will appear before Furfure to ask the new request be included in the original 2003 law suit. If the court voids the sale of the property, he noted the property would revert to the school district, which would have to return the sales proceeds to the development company.

He noted, plaintiffs have proposed a compromise under which the property eventually would be transferred to the Save The Lyon Commission. "Practically, we have a solution to move the community forward," he said.

Liberty East Washington LLC partner Peter Krog has maintained the expense of converting the building into apartment space will be too high given the average rental costs in the Bath area.