This little boy misses his parents' ATV (mom and dad miss it, too). It was stolen sometime after June 28. The location of the theft is Old Creek Road, Town of Alexander. It's a 2012 Honda Rancher 4x4 420 CC, green in color. It may have a camouflage duffle bag strapped to the rear rack. License plate, NY 17JF11.

The case is being investigated by Trooper Ryan Dulkiewicz. If you have information that can assist with the return of the ATV, call the Batavia Barracks of the State Police at (585) 343-2200 and tell the dispatcher you're calling about case #5760588.

Jane Johnson shared this picture of the Batavia Clippers 8-and-under baseball team, sponsored by Graham Manufacturing, who she said are off to a good start in the team's first year.

A portion of her e-mail:

The Batavia Clippers 8U Travel Baseball team took 2nd place in their division and 3rd place overall last weekend in the Honeoye Falls Mendon Youth Baseball Midsummer tournament. The team played teams from Canandaigua, Fairport, Mendon, Pittsford and Rochester.

This weekend the team plays in the Clarence Youth Baseball Travel Team Tournament at the Clarence Meadowlakes Park. The team matches up against teams from Clarence, Amherst, Williamsville, Orchard Park, Lancaster, Akron, Buffalo, Evans, North Tonawanda, and Grand Island.

The Clippers team is led by Coach Ben Buchholz, Coach Sam Antinore, and Coach Jeff Grazioplene. The Clippers players are all members of the Batavia Minor League.

Team members are: Jay Antinore, Bronx Buchholz, Joe DiRisio, Dane Dombrowski, Cole Grazioplene, Jake Hutchins, Alex Johnson, Cal Koukides, Jameson Motyka, Carter Mullen, Sheldon Siverling, Malcom Wormley.

The following people were arrested by the Genesee County Sheriff's Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Saturday.

Aaron F. Acker, 32, of Martha Avenue, Buffalo, was charged with DWI, driving with .08 percent or more BAC, unauthorized use of a vehicle, and resisting arrest after allegedly taking and driving a golf cart intoxicated without permission and then resisting arrest.

Cody J. Williams, 25, of County Road 36, Freedom, was charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. Williams was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail. Additional charges may be pending.

Matthew J. Beaudet, 21, of North Park, Buffalo, was charged with criminal trespass, 3rd, after allegedly jumping a fence into the backstage area of the concert venue. Beaudet was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Joshua S. Watkins, 23, of Oak Orchard, Road, Albion, was charged with DWI, driving with .08 percent or more BAC and following too closely. Watkins allegedly struck several cars while exiting the concert venue. Additional charges may be pending.

Luke P. Donigan, 20, of Trellis Brook Lane, Liverpool, was charged with DWI, driving with .08 percent or more BAC, and unauthorized use of a vehicle after allegedly taking and driving a golf cart in an intoxicated condition without permission.

Tyler J. Winter, 23, of Wilson Drive, Hamburg, was charged with trespass after allegedly refusing to leave the concert venue after being involved in a disturbance in the concert parking lot.

Charles R. Moon Jr., 23, of Ryans Run, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kelsey M. Davis, 22, of Vine Street, Batavia, was charged with disorderly conduct after allegedly engaging in physical fight inside the concert venue.

Ryan M. Miller, 18, of East Arcade Road, Arcade, was charged with unlawful possession of marijuana after allegedly being found in possession of marijuana, and Miller was issued a ticket for alleged possession of a fictitious ID.

Ashlee L. Darcy, 25, of Park Dale, Buffalo, was charged with harassment, 2nd, after allegedly striking a deputy in the face.

Brian J. Howell, 29, of Pollet Place, Rochester, was charged with disorderly conduct and trespass after allegedly fighting with another concert patron and then reentering the concert venue after being ejected and told not to return.

Sean T. Hawley, 22, of Janes Road, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Trent R. McDonald, 22, of Hogansburg, was charged with criminal trespass, 3rd, after allegedly reentering into the concert venue after being ejected and told not to return.

Randy R. Rossow, 55, of Main Street, Clarence, was charged with harassment, 2nd, after allegedly punching a Live Nation employee.

Trevor J. Vona, 18, of Mann Street, Buffalo, was charged with criminal  possession of a controlled substance, 7th, after allegedly being found in possession of cocaine.

Master Sgt. Jason Earle (retired), a former Genesee County resident, was visiting the U.S. Air Force Museum at Wright-Patterson AFB in Ohio when the word "Oakfield" caught his eye.

A bag of beans labeled "George W. Haxton & Son, Inc., Oakfield, N.Y." was in a display showcasing the USAF's efforts during the Berlin Airlift following World War II.

Earle said, "I'm quite sure there was a lot of war effort going on with the numerous factories the county had at the time, but nobody really thinks of what effect our local farmers had as well."

A bicyclist is down in the roadway bleeding after being struck by a car on Route 5 near Colonial Boulevard. Town of Batavia Fire Department is responding, and Mercy medics and law enforcement are on scene. A lane of traffic is blocked.

UPDATE 1:42 p.m.: The driver of the vehicle said he was on Colonial Boulevard about to turn onto Route 5. He said he looked left and right then as he pulled onto Route 5 "all of a sudden the bike was in front (him)." The male bicyclist suffered facial abrasions but is alert and conscious.

A hazardous weather outlook is in effect. The National Weather Service in Buffalo reports thunderstorms over the region today and throughout the evening will have the potential to produce heavy rain, with up to two inches possible. This would likely lead to localized poor drainage, flooding, and fast, significant rises to smaller tributaries.

The outlook for Monday through Saturday indicates the probability is low for widespread hazardous weather.

Dozens of teams across the spectrum of age groups competed today in the 3rd annual 3-on-3 tournament at Williams Park.

Here are pictures from two of the afternoon games.

The tournament was sponored this year, for the first time, by The Batavian.

To purchase prints of photos click here.

The Genesee Veterans Support Group hosted the "Ride to Remember" today. The event included a chicken BBQ at Stan's Harley-Davidson followed by a ride to the Geneseo Air Show.

In his homily during the funeral service for Deputy Frank Bordonaro, Father Michael Donovan addressed Frank's sons directly.

The one thing he wanted them to remember, what should be part of the stories they tell of their dad someday, Donovan said, was the outpouring of respect, love and support of the friends, family and colleagues gathered in St. Peter's today.

Bordonaro, 44, a 19-year veteran of the Genesee County Sheriff's Office died July 8 of an apparent heart attack.

He leaves behind a wife, Robin, and two young sons, Bryce and Chase.

In a memorial letter read by funeral director Vern Falcone, Robin thanked Frank for raising his sons right and setting them on a good path.

Nearly every member of the Genesee County Sheriff's Office (all but those required to be on duty) was at the funeral. Several members of the Batavia Police Department, the Le Roy Police Department and the State Police were part of the honor guard that lined up in front of the church before and after the service.

Bordonaro's casket was carried to and from the church in his pickup truck.

The service centered around Matthew 25:34-40.

“Then the King will say to those on his right, ‘Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’

“Then the righteous will answer him, ‘Lord, when did we see you hungry and feed you, or thirsty and give you something to drink? When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?’

“The King will reply, ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ "

Father Donovan noted that most people think of a police officer as just somebody who arrests people, but an officer of the law does so much more than that for his community. Deputy Frank Bordonaro, he said, was that kind of professional.

Deputy Bordonaro provided help to those he found hungry, or thirsty, or lonely and in need, or homeless, or sick. He provided help to those who needed it, and thereby lived the life Christ bade his disciples to follow.

That is the memory, Father Donovan said, that Bryce and Chase should hold of their father.

After the service, after the casket of Deputy Frank Bordonaro was driven away in his truck, the radios on the hips of emergency responders among those gathered on Lake Street, could be heard with the final dispatch for Deputy Frank Bordonaro. It was the only sound on the street until a Mercy Flight helicopter paid Deputy Bordonaro one last tribute with a pass over the church.

Listen (mp3).

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Below: The funeral procession passes under a flag on Route 19 that was lifted by ladder trucks from Le Roy and Bergen fire departments. Photo submitted by George Henry.

Caramel-colored "Carla" is missing and the Siverlings are asking readers to help locate her.

Their Best Friend Forever went missing Tuesday evening from the South Main Street Road area.

"She is a good hunter and most likely caught a scent and went chasing after an animal. She is full of energy and is very affectionate," says owner Jackie Siverling.

"We are offering a reward to anyone who returns her to us, no questions asked," she continued. "We miss her very much."

If you know Carla's whereabouts please call (585) 813-4181.

Motorcycle Riders are invited tomorrow to join in the "Ride to Remember," sponsored by the Genesee Veterans Support Group.

Registration starts at 10 a.m. at Stan's Harley-Davidson, West Saile Drive, Batavia. The ride starts at 1 p.m. and will conclude in Geneseo at the Geneseo Air Show. Free admission to the air show is included and the ride includes the opportunity to participate in a "Pass and Review" down the runway in front of the grandstand.

A chicken BBQ is available at Stan's for $10.

Participation in the ride is $45 for a single rider and $55 for a rider and passenger.

Crossroads House received a $1,445 donation today, the result of the 4th Annual Jerry "Rat" Cone Memorial Run, held July 5 in Genesee County.

Fifty-two riders participated in the charity trek over local roads.

The donation was delivered this evening.

Pictured are, from left, Scott Bliss, Jim Andrews, Kelli Bliss, Vanessa Andrews, Paul Ohlson, Anthony "Smokey" LoCastro, Stephen Worthington, Pastor Timothy Young, and on the porch are Charlotte Puccio, Mary Ann Shuler and Kathleen Pentepento.

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Concerns about adequate parking and emergency vehicle access led the Genesee County Planning Board on Thursday night to recommend against approval for a senior housing apartment complex off Route 5 in the Town of Batavia.

The board's vote is not binding, but it does require the Town of Batavia Planning Board to vote with a +1 margin to approve the project.

The site for the project is 3833 W. Main Street Road, Batavia. It is 33.4 acres and would contain 110 apartment units that would be marketed to middle-income residents age 55 and older.

There's currently no senior housing in the area designed for middle-income residents, said Ben Gustafson, a civil engineer with Hunt Engineers/Architects/Surveyors, and representing the developer, Calamar.

The project calls for 1.5 parking spaces per unit, which is a variance from the town's 2-per unit ordinance. 

Gustafson explained that two per unit is excessive by modern planning standards, the county's own planning goals and what Calamar's studies of its own 15 similar complexes shows is necessary.

In some Calamar locations, the local ordinance requires only one parking space, but even there, because of Calamar's own experience, they put in 1.5.

"What we're proposing is in keeping with sustainable development throughout this country by not providing more parking than is required," Gustafson said. "Our studies show we need far less than two spaces per unit."

Multiple board members expressed concern about 1.5 parking spaces, even so.

"The 1.5 parking per unit is unrealistic," said Mel Wentland, board chairman. "For 55 and older, both members of the family usually have cars. You're under-populating parking spaces. There should be two per unit. There are also people coming to visit, nurses aides, various kinds of help. I don't think the parking (the plan) provides is adequate to meet all the needs of such a community."

Gustafson said it's common for residents in these communities to not even have cars, but if the parking proved inadequate, there's plenty of space on the property that could later be converted to parking if needed.

Another issue is the single driveway for the complex off Route 5.

The main concern of the board is access for emergency vehicles -- what if traffic is tying up the driveway, or there's an accident in front of it?

According to Gustafson, there are fewer than 30 cars an hour that will pass through the driveway, far less than similar-sized units serving younger families. The traffic impact will be minimal and the wide driveway will provide ample room for emergency vehicles.

Board Member Lucine Kauffman said no one on the board is arguing against the need for the project, but that these issues should be addressed before it's approved for development.

Sweet Pea’s Cupcakery Café, 23 Jackson St., Batavia, NY. We are a full-service Cupcake Bakery and Café. Now serving fresh-baked artisan pizza on Friday nights! We offer soft-serve ice cream, too! Treat yourself to a variety of baked goods, mainly varieties of specialty and traditional scratch-made cupcakes, as well as other bakery items like cookies and brownies. We also serve a variety of hot and cold beverages. Check out our location, or place an order for parties, gatherings or any other reasons you can think of to enjoy some cupcakes. We have a $10 gift card for $6.

Pudgie's Lawn & Garden Center, 3646 W. Main St. Road, Batavia, NY: Spring is here and Pudgie’s has everything you need to enjoy the season -- hanging baskets of beautiful flowers, lawn care products, shrubbery, gardening supplies, and more. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Stretch your body and soul with yoga. This offer is a gift certificate for $20 off instruction. Not good with any other discounts or offers. Excludes workshops.

Sweetland Pines Golf Course, 5795 Sweetland Road, Stafford, NY: Sweetland Pines is a par 3 golf course, great for beginners and experienced golfers working on the short game. Relaxed golf game, average play is about 1 hour and 20 minutes, leaving the golfer time to enjoy rest of the day. We have a $25 gift certificate for $12.50.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $15.

Sammy Hill's, 7 Mill St., Le Roy, NY: This new restaurant has good, fresh food, including hand-pressed burgers, and a friendly atmosphere. Choose a house specialty burger or make your own with a variety of toppings, cheeses and sauces to select from. The menu also includes flatbread sliders, garbage plates, shredded beef or marinated chicken tacos, sandwiches like the Cuban, bruschetta chicken, or deep-fried pork loin. Friday fish fry -- battered, broiled or blackened. Dine in or take out. "Come Get Some!" Hours are Tuesday, Wednesday and Thursday from 11 a.m. to 9 p.m., Friday and Saturday from 11 a.m. to 10 p.m., Sunday 11 a.m. to 7 p.m., closed Monday. We have a $10 gift certificate for $6.

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $12.

Daphne's Restaurant & Lounge, 241 Swan St., (Off Rt. 63/Ellicott St.) Batavia, NY. Daphne's is destined to become a favorite for any who enjoy something special in a dining experience. Formerly the old St. Nick's Social Club, now unrecognizable to those who used to frequent the club, Daphne's provides you with a warm, inviting atmosphere and decor, which complements the array of wonderful dishes. We offer homemade seafood and pasta dishes, meatballs that are addicting as well as large salads, hot sandwiches & homemade potato chips. Fresh desserts are prepared in our own kitchen (tiramisu has been the top seller so far). We have a $20 gift certificate for $12.

Santino's Pizza, 2 Main St., Oakfield, NY: We're pizza and a whole lot more! Voted #1 pizza in Genesee County in blind taste test! Santino's features pizza, wings, subs, wraps, ice cream, and more! We have a $20 gift certificate for $12.

Jagged Edges Salon, 4140 Veterans Memorial Drive, Batavia, NY: Jagged Edges Salon is a walk-in and appointment salon for men, women and children. It is a fun, welcoming salon that offers all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, treatments, and facial waxing. Hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. on Saturday. We have a $20 gift certificate for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." Stop in and check out our Jumbo Chicken Wings, Roast Beef on Weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from Super Salads, butcher cut Strip Loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $12.

$$$  Scooter's Restaurant in Le Roy, 140 W. Main Street Road (Route 5), Le Roy, NY: Come see us at Scooter's family restaurant with our friendly atmosphere and homestyle cooking! We offer classic American food with breakfast, lunch and dinner served all day. We also offer a full take-out menu anytime. We have a $10 gift certificate for $4.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $15.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $12.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $12.

O'Lacy's Irish Pub, 5 School St., Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $15.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $20 gift certificate for $12.

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY: Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. We have a $10 gift certificate for $6.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $12.

Smokin' Eagle BBQ & Brew, 9 Main St., Le Roy, NY. The kind of downhome, laid-back and comfortable place that just feels right. Open daily for lunch, dinner and drinks, this eatery and bar features a variety of eats and drinks that are outstanding. Specializing in smoked meats -- each meat is dry rubbed with a proprietary mix of seasonings, then smoked slowly in their on-site smoker for maximum flavor and tenderness. With a variety of appetizers, burgers, sandwiches, wraps, combo platters and entrées, there's always plenty of choice for even picky eaters. Great food, frosty brews and some of the best folk around call the Smokin' Eagle BBQ & Brew their favorite -- make it your favorite today! Don't forget to ask about our catering! We have a $20 gift card for $12.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $12.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $12. (Good only at the Batavia location.)

SOLD OUT

A motor vehicle accident is reported in front of Darien Lake Theme Park at 9993 Alleghany Road. One person has a minor head injury. Darien Fire Department is respondiong along with Mercy medics.

UPDATE 1:11 p.m.: Two vehicles are involved. It is blocking traffic.

Beautiful weather. Good food. Lots of friendly people. Fun, old-time music. What's not to love about Taste of Stafford each year.

The owners of Frost Ridge are expecting to find out this afternoon whether their 2014 concert series will be held at the campground this year, or whether they must continue to hunt for alternative venues.

This morning, attorney David Roach asked Judge Robert C. Noonan to vacate his preliminary injunction of May 24 that barred amplified music and alcohol service while a pair of lawsuits are pending against Frost Ridge.

Roach based his motion on the fact that the Le Roy's Zoning Board of Appeals wasn't represented at May's hearing and now that the ZBA is represented in the case, new information has been presented to Noonan that shows the ZBA determined that Frost Ridge was being operated in 2013 within the bounds of its status of a nonconforming, preexisting use.

At the May hearing, Town of Le Roy attorney Reid Whiting said the ZBA declined to be represented in the suit (ZBA members didn't even know about the suit at the time) and he presented what's known as a "verified answer" by Supervisor Steve Barbeau that stated the ZBA determination was invalid.

Today, Roach filed an amended verified answer (the answer is in response to the lawsuit by the Cleere and Collins families) from the ZBA itself that states that live music and food service are grandfathered in at the campground.

On the basis of that change, Roach argued that Noonan's injunction was granted without the proper factual information and should therefore be vacated.

"It is no longer clear -- as the court preliminary held -- that my clients have committed a zoning violation," Roach said. "With the ZBA's amended verified answer, the weight of the evidence has shifted such that it is now clear my clients are in compliance with the zoning code as a prior, nonconforming use."

Mindy Zoghlin, attorney for the Cleeres and Collins, argued that the ZBA's minutes don't help Frost Ridge.

"The ZBA minutes say they were asked to review the need for a special-use permit," Zoghlin said. "Dave outlined the history of the campground, and just the campground, as established prior to the zoning law being passed. After his presentation, the ZBA board discussed the issue of the campground, and just the campground and whether it is grandfathered in. It's not clear from the minutes what they're talking about."

Zoghlin said her clients have no issue with the existence of the campground or music at the campground. They are against it being used as a live music venue.

"We're not challenging the decision that the campground is a preexisting use," Zoghlin said. "That's a mischaracterization of the argument and a misunderstanding of what the court ruled the first time around. What we're saying is they can't legally expand the campground unless they go to the ZBA and apply for and receive a special-use permit for expansion."

Whiting made only a brief statement to Noonan and said the defendant's reliance on the ZBA determinations are puzzling to him because he thinks the ZBA rulings produce very unfavorable results for Frost Ridge.

"In 1998, the ZBA ruled clearly there can be no expansion of any structure and can be no change in use whatsoever. On both measures, the campground has aggressively and significantly sought to expand both uses and structures on the campground."

Roach countered later that the ZBA's positions clear that in 2013 they knew what was going on at Frost Ridge and that based on testimony and personal knowledge of board members, the use in 2013 (which included concerts and food service) was grandfathered in.

Noonan could decide, Roach suggested, to kick the issue back to the ZBA to hold a hearing and define exactly what it meant by campground and what it considers to be a prior, nonconforming use.

Both lawsuits -- the one filed by Cleere and Collins and the one filed by the town -- against Frost Ridge should be dismissed, Roach said, because the statute of limitation (in this case, 30 days) long ago expired for challenging the ZBA decision.

Zoghlin told Noonan that the defendants have failed to provide proof of when the determination was filed with the Town Clerk, and without that proof, there is no evidence that the statute of limitations has expired.  

She also said the record is incomplete because for the 2013 determination, there was no application filed by Frost Ridge for a decision.

"There's no forms filled out," she said. "There's nothing in writing."

Roach said Frost Ridge owners Greg and David Luetticke-Archbell relied on the ZBA's 2013 determination to go ahead and book concerts for the summer of 2014. They could potentially be out of tens of thousands of dollars if the preliminary injunction isn't lifted.

Noonan said he will issue a written decision at 3 p.m. today.