Tag: lawsuit

Live Music at Frost Ridge This Summer?

Frost Ridge and other parties are embroiled in a legal battle over amplified music hosted at Le Roy campground are awaiting a decision to reverse a preliminary injunction levied by the State Supreme Court back in May.

State Supreme Court Justice Robert Noonan was expected to release a written decision last week, but reportedly needs more information.

No date for a follow-up hearing has been announced.

Attorneys for Frost Ridge Campgrounds asked the court to reverse the decision because the owners want to hold their annual concert series at the campground. Since the injunction, they have organized shows at alternative sites.

The injunction issued in May was in response to lawsuits from the Town of Le Roy. New information presented the court shows the Zoning Board of Appeals determined that Frost Ridge was being operated in 2013 within the bounds of its use.

Ownership of the grounds has changed hands the past several years. The Luetticke-Archbell family purchased the grounds in 2008. In doing so, there was no apparent confusion over how the land could be used, due in part to a 1998 decision by the town’s zoning board of appeals. As the land was being sold then the ZBA was asked to clarify how it was zoned. The board supposedly responded by viewing the activities on the grounds as “preexisting nonconforming”, as the nature of their business was established before the town devised a master plan in 1967.

Since 2012, Luetticke-Archbell have established a healthy summer music festival, luring music talents from across the country. According to the campground’s website, music has been played there since it was known primarily as a ski lodge. The campgrounds, according to the two brothers, were established in 1963.

The town, citing from their records, see only the ski lodge as being grandfathered into their zoning plans. Everything else, after 1967, would require a use variance, which would ultimately be granted through a review of the town board.

In addition to the on-going lawsuit, the Luetticke-Archbell family suffered the loss of their home by fire over the July 4th holiday weekend. The cause of the fire is reportedly undetermined.

Featured photo: The Farm, as they performed at the Frost Ridge Campgrounds in 2013. The picture was shared on the campgrounds’ Facebook page.

Sources: The Batavian, WBTA 1490

July 20, 2014
Fire At Frost Ridge Campgrounds

The owners of Frost Ridge Campground suffered another loss over the holiday weekend, when they lost their home to fire early Saturday morning.

The fire started around 12:30 a.m. Saturday morning at North Road near Conlon Road, the town of Le Roy. A passerby reportedly called the Le Roy Fire Department after observing flames coming from the building.

Le Roy Fire Company respond to a Saturday morning fire at the home of David and Greg Luetticke-Archbell, owners Frost Ridge Campground. (Photo Credit: John Spaulding/Courtesy of Le Roy Fire Company)

In all, more than 20 fire companies responded to the scene, mostly in the form of tanker trucks, as the location lacked an antiquate source of water.

Home owners David and Greg Luetticke-Archbell, who also own the Frost Ridge Campground, were not home when the fire started, but reportedly appeared at the scene as firefighters attended to the blaze.

An explosion at the scene knocked a firefighter down, otherwise, no serious injuries were reported. Greg was transported to Strong Memorial Hospital for monitoring.

The origin of the fire is being investigated.

The family released the following statement Monday morning:

The Luetticke-Archbells and the Town of Le Roy have been embroiled in litigation over the perceived use of the campgrounds. The events of which have been reported earnestly in The Batavian, an online newspaper that covers the town.

In recent past, the campgrounds have been used as an outdoor venue for concerts. Neighboring homeowners have since complained to the town over excessive noise. The town has since filed a lawsuit over zoning violations, claiming the campgrounds do not have the right to host such events. The town has even gone as far as to state that the land is not zoned to permit campgrounds, despite the town’s Zoning Board of Appeals twice recognizing the business existed before a master plan was devised in 1967.

July 8, 2014
Frost Ridge Legal Battles

Frost Ridge Campgrounds boasts a long history – 50 years, to be exact – for being a site to see live music. Nestled deep within the farmlands and orchards of Western New York, it lends to an intimate, outdoor venue for live music, while also being accessible to the cities of Buffalo and Rochester, both about 40 miles away.

But, to those who reside near the campground, the amplified music and crowds that draw nearly 800 people, is far from ideal. Coupled with the fact the Town of Le Roy ultimately said the concert venue, a proposed bar and grill, and even the campgrounds themselves violate the town’s zoning.

Recently, New York Supreme Court Judge Robert C. Noonan granted a temporary injunction against amplified music at the campgrounds, as the town pursues a lawsuit that could potential shut everything down.

David and Greg Luetticke-Archbell, co-owners of the Frost Ridge Campgrounds, responded with the following statement:

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.

To comply, Frost Ridge has made arrangements to host their scheduled concerts at an indoor venue off the campgrounds. Attempts to contact Frost Ridge for comment went unanswered.

The events have been earnestly reported by The Batavian, an online news source for the local community. Through their investigating of the events, the crux of the matter seems to lie on how the land was being used in 1967.

Ownership of the grounds has changed hands a few times over the years. Luetticke-Archbell bought the grounds in 2008. In doing so, there was no apparent confusion over how the land could be used, due in part to a 1998 decision by the town’s zoning board of appeals. As the land was being sold nearly 20 years ago, its owner asked the ZBA to clarify how it was zoned. The board supposedly responded viewing the activities on the grounds as “preexisting nonconforming”, as they were established before the town devised their master plan in 1967.

Since 2012, Luetticke-Archbell have started to establish a healthy summer music festival, luring music talents from across the country. According to the campground’s website, music has been played there since it was known primarily as a ski lodge. The campgrounds, according to the two brothers, were established in 1963.

The town, citing from their records, see only the ski lodge as being grandfathered into their zoning plans. Everything else, after 1967, would require a use variance, which would go through the ZBA, whose present members have since disagreed with the board’s decision in 1998.

June 12, 2014