The concert is Saturday night.
The show will go on this weekend at Frost Ridge
Submitted by Howard B. Owens on August 5, 2014 - 12:56pm
The owners of Frost Ridge Campground have been told Judge Robert C. Noonan has lifted his court order barring live, amplified music at the campground, at least for this weekend.
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At a hearing last week, David Roach, attorney for Frost Ridge, told Noonan that if the order wasn't lifted in time for this weekend's show, Frost Ridge was facing insolvency.
David Luetticke-Archbell, co-owner of Frost Ridge, called The Batavian a short time ago to share the news. We're still awaiting a copy of the order.
Frost Ridge will still be barred by the original court order from selling alcohol, but that doesn't mean patrons can't bring their own beverages.
The temporary suspension of the temporary order baring amplified music at Frost Ridge comes as court proceedings in a pair of civil suits against the campground have bogged down.
Two neighboring residents, the Cleere and Collins families, along with the Town of Le Roy, are suing David and Greg Luetticke-Archbell alleging that the campground as a whole and live music and alcohol sales in particular, are not permitted under current zoning.
David and Greg contend that those uses are grandfathered in by the property's prior zoning and they have two Zoning Board of Appeals rulings that support such a claim.
The Cleere and Collins' suits challenge the ZBA's 2013 determination, and here's where the case has bogged down: If it's proven that the ZBA's 2013 determination was filed with the town clerk more than 30 days before Cleere and Collins filed their suit, it could mean their complaint could be thrown out of court. Attorneys and the court have been unable so far to hold a hearing on that point
Since the hearing can't be scheduled now until the end of the month, Roach sought for his clients, permission from the court for the concert this weekend.