Jenkins Responds To Dismissed Rye Playland Lawsuit

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Westchester County BOL Chairman Ken Jenkins responded to a judge dismissing his suit challenging the county's management agreement with Sustainable Playland. Photo Credit: Casey Donahue, file

RYE, N.Y. -- Westchester County Board of Legislators (BOL) Chairman Ken Jenkins (D-Yonkers) recently responded to news that a judge had dismissed his lawsuit that challenged County Executive Robert Astorino's agreement to have Sustainable Playland assume management and revitalize the park. 

“In asserting that the ‘management agreement’ is not a lease, the court’s decision, unfortunately, did not consider how this contract exceeds the authority of the County’s Board of Acquisition and Contract, where it was approved," Jenkins said in a statement. "“I will ask Judge Zambelli to review her decision, since the County Charter does not permit the County’s Board of Acquisition and Contract to enter into any agreements that exceed five years without approval from the Board of Legislators.”

Jenkins filed a lawsuit seeking to annul the County’s Board of Acquisition and Contract (A&C) vote  to approve a ten-year “Asset Management Agreement” between the County and SPI in May.

The judge in the case said that the agreement could move forward because it was not a lease. Jenkins, however, contends that it contains many provisions typical of a lease and conferring rights well beyond those of a licensee or holder of a mere temporary privilege.

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Comments (5)

CharmianNeary:

Take shots at Ken Jenkins all you want, lord knows I have, but he's right here.

Regardless of whether or not the county calls it's relationship with SPI a "management agreement", the minute ground is broken for the 82 thousand square foot indoor sports center, over which the "contractor" will have exclusive use, then a lease is in existence there.

The rest, all this "sustainable" talk is window dressing. Building a big box the size of Home Depot on the shoreline is not environmentally "sustainable" -- especially not in a flood zone.

No one with any business sense would invest 12 million dollars in a commercial structure without a lease. So the sports field house around which SPI revolves will never fly. It's a lease of public parkland to a private, for-profit developer.

No thank you. Parks are for the public, not those who can afford the admission.

https://www.change.org/petitions/elected-officials-of-westchester-county-rye-ny-stop-spi-s-proposed-field-zone-project-at-playland-amusement-park

CRSVAL:

Jenkins, when will you get it through your head that no one respects anything you do or say. You never have anything positive to offer Westchester County! Spend more of your time being a productive member to Westchester rather than wasting everyone's time with your useless nonsense.

big man:

ken get over you got beat again

P. Stephen Lamont:

Judge Zambelli, respectfully, any "agreement" which conveys property in return for consideration must be a lease. While the statute of frauds tells us that any "agreement" containing real property for a term longer than a year must be in writing, there are exceptions which Mr. Jenkins should plead. The point turns on exceptions to the parol evidence rule of the Restatement (Second) of Contracts § 213 where the "agreement" is partially integrated where terms and extrinsic evidence that supplement the writing are admissible. In this instance, the final "agreement" is either a partial or complete integration. If it contains some, but not all, of the terms (transfer of land in return for consideration) as to which the parties have agreed then it is a partial integration…for a partial integration, terms that supplement the writing are admissible (the lease).

Fifth Ave Guy:

Soon we won't have to hear what Jenkins thinks or wants to do as he'll be religated to a minority position without any power.

Thank goodness!

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