A modified injunction allowing the Frost Ridge Campground in LeRoy N.Y., to temporarily continue to hold outdoor concerts was granted in New York Supreme Court Thursday (Aug. 21), the Daily News reported.
Judge Robert Noonan’s decision was quickly handed down following a three-hour session focused on whether a Sept. 25 determination by Le Roy’s zoning board triggered a statute of limitations for legal action.
No ruling was made on the statute of limitations question nor was one even argued Thursday on whether procedural irregularities in the zoning board’s actions regarding Frost Ridge create a defect that would nullify their interpretation that the campground’s use as a music and recreation area is an allowed pre-existing non-conforming use.
Noonan said the lifting of a preliminary injunction barring concerts at the Conlon Road facility can continue through Tuesday, when hearing on the two areas of focus will return to his courtroom.
That will allow the campground to stage a concert Saturday by country music artist Phil Vassar, which the campground’s owners said will raise money for the Golisano Children’s Hospital.
The fate of concerts and activities, both this fall and into the future, will remain uncertain as Noonan considers a pair of lawsuits — one filed by the town against Frost Ridge, and the other by the two families who live next to the campground against the zoning board.
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