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Wednesday, May 28, 2014 at 12:22 pm

Plant auction, free refreshments at Le Roy garden club's annual event

post by Billie Owens in Event, Le Roy

The Town & Country Garden Club of Le Roy is holding its annual PLANT AUCTION starting at 6:30 p.m. on Wednesday, June 11, at the Presbyterian Church on the corner of Route 5 (Main Street) and Route 19. It is free and open to the public.

The club members will be auctioning perennials, bulbs, houseplants and other miscellaneous garden items. There will be free refreshments, too! Come out and join us for a great night of fun! Proceeds are used for civic beautification in Le Roy.

Event Date and Time

June 11, 2014 - 6:30pm - 7:30pm
Tuesday, May 27, 2014 at 2:03 pm

Frost Ridge issues statement on Judge Noonan's order

post by Howard B. Owens in business, Frost Ridge Campground, Le Roy

Press release:

The Town of Le Roy, NY (Town) has filed suit against Frost Ridge Campground LLC (Frost Ridge) alleging they are in violation of local zoning code. After initial arguments, Judge Robert C. Noonan has ordered Frost Ridge to temporarily suspend “amplified outdoor concerts and alcohol service” until the merits of the lawsuits can be fully addressed.

Of course, Frost Ridge has complied and will continue to comply with Judge Noonan’s Order. In the meantime, Frost Ridge remains open to all its camping guests, and will continue to seek alternative options and potential venues for its live music.

Again, we thank our guests for being patient, as we have had to be patient. We need to allow this process to be worked through. There may be a few bumps along the way, but everyone who knows us will realize that we work through issues to resolve them.

Tuesday, May 27, 2014 at 9:38 am

Batavia girls, Le Roy boys pick up Section V titles in track

post by Howard B. Owens in batavia, high school sports, Le Roy, sports, track and field

Batavia High School girls track team won the Section V Class B championship in a meet in Lyons on Saturday.

With 97.50 points, BHS topped Honeoye Falls-Lima at 82.50 and Wayne Central at 76 in a field with 14 teams competing.

Event winners include:

  • Marissa Dispenza, 100 meter hurdles, 15.87
  • Kaylee Cassidy, Alexis Kindig, Emma Eastridge and Claire Zickl, 4x800 relay, 10:02
  • Krystyn Mott, pole vault, 2.81m
  • Celia Flynn, shot put, 9.30m

Le Roy boys won the Class CC championship, with 94 points, topping Williamson Central at 88 and Wellsville at 85.

Event winners include:

  • Rubin Owens, high jump, 1.98m
  • Rubin Owens, long jump, 7.14m
  • Rubin Owens, triple jump, 14.75m
Saturday, May 24, 2014 at 7:36 am

Noonan grants temporary injunction against amplified music at Frost Ridge

post by Howard B. Owens in business, Frost Ridge Campground, Le Roy

There can no amplified music at Frost Ridge Campground, ruled Judge Robert C. Noonan, in a decision handed down yesterday afternoon, at least temporarily.  

Noonan said the Town of Le Roy showed sufficient proof that it would prevail in its lawsuit on the alleged zoning code violation related to an amplified concert venue and restaurant at Frost Ridge.

He denied the same motion made by plaintiffs Cleere and Collins.

In a statement to The Batavian this morning, Frost Ridge co-owner David Luetticke-Archbell asked the public to be patient and understand that from the owners' point of view, Noonan has not been presented with all the facts by the plaintiffs.

"The most recent came from Mr. Whiting when he stated that the reason the Zoning Board of Appeals was not present was because they chose not to be," Luetticke-Archbell  said. "The truth is that they were never notified that they were being sued. He knew, but they did not ... a fact confirmed with them earlier today."

We are unable to get in contact this morning with Whiting nor a representative from the ZBA for comment.

"We just hope people will be patient, as we have had to be patient," Luetticke-Archbell added. "We need to allow this process to be worked through. There may be a few bumps along the way, but everyone who knows us will realize that we work through issues to resolve them."

We've e-mailed Luetticke-Archbell asking for confirmation whether their planned live music show for Memorial Day is being cancelled.

Noonan said in his five-page ruling that prior cases and NYS code gives the town the right to an injunction in the matter of an alleged zoning code violation, a right not available to the other plaintiffs, who have a higher standard to meet.

"As indicated above, the Town has clearly established that the concert venue and restaurant are in violation of the Town's zoning ordinance," Noonan wrote. "Further, the existence of safety hazards, public order and noise concerns creates a balance of equities in favor of the Town."

The town is not required to prove any special public damage in order to receive "injunctive relief," Noonan said, based on prior case law, just that there's the potential to prevail on a violation of it's zoning code law. 

Prior rulings also require Noonan to set a limit on what the town's damages would be if it ultimately didn't prevail in its lawsuit. If the town loses the suit, Frost Ridge could request Noonan to order the town to pay $225,536 in damages.

Noonan sided with the town on the live music and restaurant injunction, but did not order the campsites shut down.

The ruling acknowledges that the town, through the ZBA, may have misled the Luetticke-Archbells in September about whether live music was permissible, or "grandfathered in," only to contradict that ZBA finding the next day when the zoning code enforcement officer issued a letter barring live music.

The injunction was not granted to Cleere and Collins, the ruling indicates, because there is insufficient evidence of irreparable injury.

The ruling leaves open the ongoing disagreement between the town and Frost Ridge over whether campsites at that location are a preexisting nonconforming use, having been in place prior to adoption of the current zoning rules in 1967.

The town claims Frost Ridge was only a ski area, without campsites, prior to 1967. The Frost Ridge owners claim there were campsites on the property prior to 1967 and that the property was considered a "recreation" use, which means all recreation activity -- including live music -- is grandfathered in.

Noonan has ordered all parties back to his courtroom for a conference on the suit at each party's earliest possible convienence. 

UPDATE: In response to our request for clarification on whether live music will be cancelled Monday, David Luetticke-Archbell responded:

No, it is not cancelled. We are however going to comply with the order from Judge Noonan. I did read your article this morning, and would like to offer a correction. The injunction states:

"Therefore, the motion for a preliminary injunction by plaintiffs Cleere and Collins shall be denied; but the motion for preliminary injunction for the Town of LeRoy shall be granted to the extent of 'amplified outdoor concerts and alcohol service.' "

Frost Ridge shall comply with both of these.

Previously: 

Wednesday, May 21, 2014 at 9:12 pm

Le Roy resident accused of menacing police officers

post by Howard B. Owens in crime, Le Roy
Timothy Niccloy

A 28-year-old Le Roy man has been accused of brandishing a knife at police officers in Le Roy after the officers tried to restrain him believing he was a threat to himself.

Timothy Niccloy is charged with two counts of menacing a police officer, a Class D felony, and counts of criminal possession of a weapon, obstructing governmental administration and resisting arrest.

Officers responded to his residence May 16 on a request to check his welfare. During the check, the officers became concerned that he was a threat to himself. 

Niccloy was taken into custody after a struggle and a taser was deployed to help subdue him.

Following arraignment, Niccloy was jailed on $10,000 bail.

Deputies and troopers assisted at the scene.

Tuesday, May 20, 2014 at 10:29 pm

Attorneys argue fate of Frost Ridge and now await ruling from Judge Noonan

post by Howard B. Owens in business, Frost Ridge Campground, Le Roy

Top photo, Greg and David Luetticke-Archbell, owners of Frost Ridge. Inset, Attorney Reid Whiting, representing the Town of Le Roy.

In a 90-minute hearing, all three attorneys in the Frost Ridge land use lawsuit had a chance to make their case before Judge Robert C. Noonan, who said at the end of the hearing he will rule soon on whether the more than 50 year old campground in Le Roy should be shut down.

The two plaintiffs in the dispute -- the Town of Le Roy in one lawsuit; and David Cleere, Marny Cleere, Scott Collins and Betsy Collins in the other -- are seeking a temporary judgement to stop the campground from hosting any concerts and to bar camping altogether at the facility.

David Roach, representing the owners of Frost Ridge, David and Greg Luetticke-Archbell, said even a temporary order would potentially drive the campground out of business.

A shutdown would lead to more than $100,000 a month in lost revenue, as well as put at least 38 people out of work, according to court documents filed by Roach. The campground has at least $1.8 million in local economic impact accounting for $148,000 in sales tax revenue for the county.

At issue is whether the campground constitutes a legal, nonconforming use in the current residential/agriculture zoning district and whether concerts at the venue are covered by that existing variance.

There are very few points the two sides agree on.

The land now occupied by Frost Ridge (purchased for $174,000 by David and Greg in 2008, according to mortgage documents on file with the county) was originally owned by Janet McPherson Frost, the grandmother of two of the plaintiffs, Marny Cleere and Betsy Collins.

In 1957, the land was leased to John Mattern for winter skiing.

At some point, Mattern added camping. Roach maintains in court documents that campsites were first installed in 1963. Reid Whiting, attorney for the Town of Le Roy, and Mindy Zoghlin, attorney for the other plaintiffs, maintain there is no proof of campsites on the property prior to 1967.

That year is significant because that's the year the area was rezoned to R+A. Prior to that, according to the Luetticke-Archbell team, the land was considered a recreational use area by town planners.

In 1972, the McPherson Family sold the land to Frost Ridge, Inc.

In 1998, the owners of Frost Ridge at the time sought to clarify the zoning of the land and asked the Zoning Board of Appeals for an interpretation of the code.

The ZBA declared the property a nonconforming preexisting use and, as such, legal as a campground (the defendants maintain as a "recreational facility," which would include music entertainment). The ruling also barred any expansion of the campground without zoning and planning board approvals. The owners were not allowed to add buildings or amenities.

Whiting told Noonan today that the ZBA reached the conclusion in error because it was told incorrectly that there were campsites on the property prior to 1967.

The assertion that there were campsites prior to 1967 is merely a self-serving claim by the current owners, who couldn't possibly know whether it's true because they didn't live in the area at the time, Whiting said.

Neither Whiting nor Zoghlin shared what Cleere and Collins, who apparently grew up in the area, might know about campsites prior to 1967.

In 2002, the site was sold to Lei-Ti Too, LLC.

Lei-Ti applied for and received building permits to add buildings to the property as well as an above-ground pool and an in-ground pool.

These approvals were granted in apparent contradiction of the 1978 ZBA ruling.

Whiting said that these building permits, given in error, do not mean the current town board has no right to now enforce the local zoning ordinance. Zoghlin agreed.

"The long and the short of it is a building permit cannot grant rights in violation of zoning laws even if the permits were granted illegally," Zoghlin told Noonan. "Improperly granting a use doesn't prevent the town from later correcting the error."

She cited a case in New York City where a builder was ordered to remove the top 12 floors of a newly constructed building after it was found he received permission for the taller building in error.

David and Greg Luetticke-Archbell purchased the property in October 2008.

Whiting and Zoghlin claim they've increased the number of campsites.

Roach said, actually, they've reduced the number of RV sites from 167 to 157 and maintained the count of 30 tent sites.

What has perhaps caused a misunderstanding by the plaintiffs, Roach told Noonan, is that Luetticke-Archbell have run the business more successfully and attract more guests. More RVs at the campgrounds make it look like there are more campsites.

In July 2013, the Frost Ridge owners went back before the ZBA asking about the campground's nonconforming-use designation.

The ZBA -- and the county planning board -- determined it was a legal nonconforming use.

Whiting told Noonan the ZBA should not have reached that conclusion without consulting with the town's attorney, which is Whiting.

"The ZBA met in an informal session," Whiting said. "They did not seek my involvement. They didn't seek my counsel. They didn't interact with the planning board or the town board. I'm not hear to slam the ZBA. They're good people doing their best, but in these difficult matters, they should step back and seek the advise of counsel."

Both Whiting and Zoghlin argued that claims by the defendants that the statute of limitations has expired on the plantiff's legal standing to challenge the ZBA determination is faulty. Zoghlin said that by state law, the clock doesn't start ticking until the ZBA notifies the town clerk, and the town clerk was never notified.

Roach told Noonan that as an experienced municipal attorney, he finds Zoghlin's assertion unreasonable and out of step with actual practice throughout New York. New York law is complex and boards such as the ZBA are populated with volunteers and everyday citizens who do not know the nuances of every state law. It would be unreasonable to expect such boards to comply with every bit of minutia in state code, and in fact, he said, there's case law to support that conclusion. If the failure of a board to notify a clerk of a decision was upheld in the manner asserted by Zoghlin, there would be municipalities throughout the state that could find prior decisions challenged going years back. The clock started ticking on the statute of limitations, Roach said, when the decision was published in the board's minutes.

It was notable, Roach told Noonan, that there was no attorney in the courtroom representing the ZBA, even though the ZBA is named as a defendant in one of the suits.

Whiting said the ZBA was served but chose, by their non-attendance, not to be represented.

Roach responded, again citing his experience as a municipal attorney, that Whiting had the responsibility to ensure counsel was retained to independently represent the interests of the ZBA.

In June 2013, the town board passed a noise ordinance that prohibits unnecessary noise after 9 p.m. and prohibits noise that can be heard across a property line.

Whiting argued that one reason Noonan should grant the injunction against Frost Ridge is that the Cleeres can hear concerts on their property.

Roach argued in his court papers that the ordinance was clearly passed with the sole purpose of targeting Frost Ridge.

Greg and David claim Frost Ridge has hosted live music shows going back to at least the 1970s. Roach produced a photograph showing a large loudspeaker that was installed decades ago. Greg and David claim such loud speakers were all over the property at one time.

Roach said among his exhibits is a poster advertising a concert by the Ghost Riders in the 1990s.

The defendants claim they've had live music shows every season since 2009.

They've also produced two thank-you notes written by Marny Cleere in 2011 thanking them for tickets to a show and for running a good campground.

Zoghlin said the notes are being taken out of context. She also said her client doesn't remember being bothered by -- or even knowing about -- shows prior to 2011. The shows have gotten bigger and louder with each successive year since 2011, Zoghlin said.

The Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

Roach argued that this assertion is merely anecdotal and the plaintiffs have failed to produce any empirical evidence that the volume of music has ever reached a nuisance level.

Meanwhile, he said, his clients hired a professional sound engineer to measure the noise levels on a concert night and found at the Cleere's home a noise level of 51 decibels, "which is 11 decibels above a rain drop and 7 decibels less than the nearby creek."

The Frost Ridge owners also requested a deputy come to the property one night and go to the Cleere residence and see if the noise rose to the level of a nuisance. The deputy, they said, found no problem with the noise level.

Zoghlin said these claims by Roach were hearsay and shouldn't be used as evidence.

The Luetticke-Archbells want to be good neighbors Roach said, and when they heard that the Cleeres had claimed to be bothered by the noise, they reduced the output of their loudspeakers on two different occasions and are prepared to lower the output again to 100 decibels.

 "The Cleeres have never come to my clients directly and said, 'we have a problem with the music,' " Roach said. "Not once. They've gone to the town, but never to my clients."

While the plaintiffs assert the concerts have grown bigger and louder, Roach said the Frost Ridge owners have actually reduced the volume of the loudspeakers and that no concert in the entire history of the "Jam at the Ridge" series has ever drawn more than 400 to 500 people. While conceivably, the venue could accommodate 5,000 music fans, no concert in modern times at Frost Ridge has ever drawn even a fraction of that size crowd.

As part of his answer to the complaints filed by the plaintiffs, Roach attached affidavits from 10 neighboring property owners who all stated that Frost Ridge doesn't disturb their peaceful enjoyment of their property and specifically rejected the contention by the town that Frost Ridge is a public nuisance and is doing irreparable harm to the neighborhood.

The signers are Mark Buchman, Janet M. Whitney, Paul Klein, Karl Kleik, Deborah Kerr, Drionna Hall, Barbara Buchanan, Doreen Paladino, Carrie Poray and Ameka Cooper.

Whiting dismissed the complaints in his argument before Noonan saying that all of the signers lived too far away to truly be affected by Frost Ridge and that this case "isn't a popularity contest." He said no number of duplicative affidavits would address the substance of the alleged zoning code violations.

Roach argued that all of the signers are either close neighbors or direct neighbors of Frost Ridge. Ameka Cooper, for example, lives directly across the street from the concert venue on Conlan Road.

The Cleeres did have a couple of supporters in the courtroom audience today: Jen Gilligan, who lives around the corner from Oatka Trail, and Steven Osborne, who said he lives on the other side of the hill from Frost Ridge. Both said they are bothered by the noise from concerts.

"It's loud," Gilligan said, "and when I put my children to bed, with the air conditioner on, I can still hear the thumping and the beating."

She said she's been to the Cleere's house during the day during band rehearsals and witnessed tables rattling from the noise.

Osborne said the noise problem got worse last year and really upset his wife.

"I don't have a real problem personally with the concerts, but the decibel levels are way up high," Osborne said. "I don't know if there is (a solution that works for all parties), but from my perspective as an old fart that I am, the law is the law and if they're not doing what the law says, then they need to change what they're doing or change the law. Isn't that the way it works?"

Noonan told all parties they can expect a quick decision on the request for a preliminary injunction. A ruling on the injunction either way won't, per se, settle the lawsuit. Regardless of who prevails or to what degree, the suit could, in theory, go forward, even to a trial stage.

Clarification from yesterday's story: We indicated the Le Roy Fire Department had found minor code violations. The items cited by the Fire Department were not in fact violations, but recommendations.

Tuesday, May 20, 2014 at 12:36 am

Town of Le Roy lawsuit aims to end 50 years of camping and concerts at Frost Ridge

post by Howard B. Owens in business, Frost Ridge Campground, Le Roy

Greg Luetticke and David Luetticke, 
owners of Frost Ridge Campground
(file photo)

The Town of Le Roy has filed a lawsuit that, if successful, would put Frost Ridge Campground out of business.

Frost Ridge, according to the suit, is a cancer on the community.

The chief complaint in the suit is the summer concert series in the facility's natural amphitheater, but the complaint also says the campground violates the town's zoning law, and it has since 1967.

The defendant's uses and occupancy of the property, the suit states, "corrupt the general area so as to destroy the peaceful and quiet enjoyment of residents of the Town in the vicinity, having endangered, impaired and imperiled and threaten to endanger, impair, imperil the health of the public."

The campground, that paragraph continues, "(has) caused and will cause irreparable injury to the health, safety and welfare of the residents of the town."

No evidence of such harm is stated in the complaint, which was filed May 2.

While the suit purports to represent all the residents of the town, the town's own Frost Ridge file -- a copy was obtained by The Batavian through a FOIL request -- lists only one neighboring couple as ever filing any written complaints about Frost Ridge.

"By reason of the foregoing, Plaintiff and residents and taxpayers of the Town will continue to suffer great and irreparable harm, damage and injury from the further continuance of the public nuisance, which cannot be caused to cease except by the injunctive order and in a court of equity," the suit states.

Frostridge, operating under various names over its long history, was opened as a winter ski resort in 1957 and has included campground sites since at least 1961, according to the town's documents.

It's currently owned by David Luetticke and Greg Luetticke, who purchased the business in 2008 and moved from San Diego to Le Roy to operate it.

In 2012, David and Greg started a summer concert series, but records show they weren't the first owners to host live music at the campground.

Last summer, David and Marney Cleere started complaining about the concerts and since then the Town has built a long paper trail of town board meetings, zoning board meetings, attorneys' letters, accusations and counter claims as the town has sought to block David and Greg from bringing some of the nation's biggest country stars to Le Roy.

A hearing on the suit is scheduled for 9 a.m. in the Genesee County Supreme Court in front of Judge Robert C. Noonan.

The lawsuit takes direct aim at the concerts and an alleged plan by David and Greg to open a bar and grill called The Barn on the property.

It also accuses the previous owners of operating and expanding the property as a campground illegally.

"In June 1998, the Zoning Board of Appeals (ZBA) held a public hearing concerning the upcoming sale of the premises by Frost Ridge, Inc., to Molly Perry," the suit reads. "The ZBA determined, erroneously in the view of the current Town Board, that the use of the premises as a campground was a preexisting nonconforming use and thus could continue to be used as a campground after her purchase of the premises."

The property sits within a residential/agriculture zone that was established in 1967. The R/A zone in the Town of Le Roy typically allows only for single-family homes or various types of agriculture use, according to the suit.

The campground has undergone several expansions that violated even a nonconforming use allowance, if such a use were even permitted, which it doesn't, the suit states.

And now what David and Greg have done, and want to do, with their country music concerts and proposed restaurant and continued family camping fun is a cancer that must be eradicated, the suit alleges.

"The size and scope of the planned uses are unsuitable and inappropriate for the area, constituting a maligancy which cannot be allowed to metastasize any further," the suit reads.

The suit was written and filed by Le Roy attorney Reid A. Whiting.

In recent years, Frostridge has booked such name acts as Marty Stuart, the Little River Band, Restless Heart, the Nitty Gritty Dirt Band, Connie Smith -- a 2012 inductee of Nashville's Country Music Hall of Fame, Jerrod Neimann, Jo Dee Messina and Phil Vassar as well as rising stars like Blackjack Billy.

Last year's line-up included a homecoming show for Alexander native Krista Marie and her band The Farm.

The ampitheter can accommodate up to 5,000 people, making it a much smaller venue than Genesee County's only other notable concert venue, Darien Lake. But even so, while Darien Lake's concerts require a substantial law enforcment presense and dozens, if not more than 100 arrests, might be reported following a show, there hasn't been a single arrest reported at Frost Ridge related to a concert since 2011.

There is no immediate information available on the local economic impact of Frostridge, and David and Greg said they could not talk with the press on advice of their attorney. But from previous conversations with The Batavian over the past view years, we know they book thousands of guests every season as well as attract tens of thousands of tourists to Genesee County for their concerts.

Each season, they employ nearly 40 people for concerts and camping.

The town's file on Frost Ridge also contains an apparent notice from earlier this year of violations and an order to cease certain activities, listed by code number. It's signed by the town's code enforcment officer, Jeff Steinbrenner.

David Roach, attorney for Frost Ridge, responded March 17 and stated the notice was dubious in meaning, sweeping in scope, constituted discrimintory enforcment because only Frost Ridge is targeted and runs counter to findings in 1989 and 2013 by the town Zoning Board of Appeals that the campground was operating legally as a preexisting, nonconforming use.

Roach accuses the town of merely perpetuating a political agenda driven by the Cleeres.

"We are aware that one married couple, David and Marny Cleere, just last year expressed their displeasure for the first time with the ongoing 50-plus year tradition of live music at Frost Ridge," Roach wrote. 

He continues, "they in fact demand the town 'abate the violations of the Town Code,' in what seems like a frontal assault on Frost Ridge's very existance. If not entirely arbitrary and capricious, the town's intended action against Frost Ridge may be construed as furthering the Cleere's personal agenda, which has absolutely no legitimate bearing on Frost Ridge's compliance with the Zoning Code."

The suit also alledges that the campground's current use and configuration constitutes a serious fire hazard to the surrounding area, campground guests and the campground's owners.

The town's file on Frost Ridge contains a Jan. 9 letter from the Le Roy Fire Department finding five minor possible fire safety violations, including problems with signage, no site map and no letter in the department's file on how many permanent residents there are at the campground.

The campground sits on two parcels of a combined 31 acres with an assessed value approaching $130,000.

Marty Stuart performing at Frost Ridge, Sept. 2011.

Alexander native Krista Marie peforming at Frost Ridge, August 2013.

Blackjack Billy performing at Frost Ridge, June 2013.

Phil Vassar performing at Frost Ridge, July 28. During his performance, Vassar praised Frost Ridge. He praised the setting. He praised the hospitality. He praised the acoustics of the venue. "This is a special place," Vassar told the crowd after his fourth song. "We play a lot of places around the country and there's no place else like this."

Monday, May 19, 2014 at 9:13 am

Law and Order: Seven weekend arrests

post by Howard B. Owens in batavia, crime, elba, Le Roy, Oakfield, Pavilion

John M. Englerth, 43, of 6534 Main Road, Stafford, is charged with DWI and failure to submit to breath test. Englerth was stopped at 11:48 p.m. Friday on Bank Street in Le Roy by a village police officer. Englerth was allegedly observed driving without wearing a seat belt and allegedly failed to keep right.

Jordan R. Smart, 22, of 6 Gibson St., Oakfield, is charged with DWI and driving with a BAC. of .08 or greater. Smart was allegedly seen driving erratically and stopped at 1:39 a.m. Saturday on East Main Street, Le Roy, by a village police officer.

Justin Thomas Hemmer, 33, of South Main Street, Elba, is charged with criminal contempt, 2nd. Hemmer was jailed on $500 bail.

Aaron Mark Sechrist, 23, of Jackson Street, Batavia, is charged with petit larceny. Sechrist allegedly stole $26 in merchandise from Walmart.

Ajia Rae Hasenauer, 21, of Main Street, Le Roy, is charged with a violation of probation. Hasenauer was arrested following a traffic stop at 8 a.m. Friday on Main Street, Le Roy, by Deputy John Weis. Hasenauer is also accused of aggravated unlicensed operation, 3rd, unlicensed operator, failure to stop at a red light, failure to signal a right turn and no headlights during inclement weather.

Taylor Levi Finnin, 21, of Main Street, Le Roy, was arrested on a bench warrant for an alleged failure to pay a fine. Finnin was arrested following an appearance on an unrelated Family Court matter. Finnin was arraigned before Judge Robert C. Noonan and released on a promise to start making $50 per month payments.

Raymond James Radley, 48, of Main Street, Leicester, is charged with criminal contempt, 1st, and harassment, 2nd. Radley was arrested by deputies from Livingston County and turned over to the Genesee County Sheriff's Office on a warrant out of Town of Pavilion Court stemming from an alleged incident May 11 on Perry Road, Pavilion. Radley was jailed on $5,000 bail.

Wednesday, May 14, 2014 at 3:36 pm

Brother accused of stabbing brother while camping in Middlebury

post by Howard B. Owens in byron, crime, Le Roy

A Le Roy man is in satisfactory condition at Strong Memorial Hospital after undergoing surgery for stab wounds allegedly inflicted by his brother while they were camping in the Town of Middlebury.

David R. Gross, 23, was stabbed several times, according to State Police on May 11 and flown to Strong by Mercy Flight after first being transported in a private vehicle to Wyoming County Hospital.

His brother, 26-year-old Richard J. Gross, of Byron, allegedly stabbed him following an argument.

They were camping in a wooded area off of Bank Road, State Police said.

David Gross suffered a punctured and deflated lung along with multiple other injuries.

Richard Gross, pictured, was charged with first-degree assault, a Class B felony. He was arraigned in Town of Warsaw Court and jailed on $50,000 bail.

Wednesday, May 14, 2014 at 9:22 am

Broken down truck blocking Route 19 in Le Roy

post by Howard B. Owens in Le Roy, Pavilion

A semi-truck has broken down on Route 19 in Le Roy and is blocking the road.

Le Roy Fire Police requested to respond and close Route 19 at Perry Road. Pavilion Fire Police requested to shut down traffic at Stubb Road.

The trucking company has a tow on the way.

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