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General News: Cornwall-on-Hudson Faces New Lawsuit
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| Tony Missere (r) and his attorney, Michael O'Connor, at a zoning board meeting last year. |
October 08, 2009
A local businessman, Tony Missere, is back in court, charging that he has been denied due process in his efforts to expand his restaurant on River Avenue in Cornwall-on-Hudson, the River Bank. Missere’s earlier effort to overturn three decisions by the village zoning board on these and related issues was denied by the Orange County Supreme Court in 2008.
His latest suit, which was filed in U.S District Court, claims that the mayor of Cornwall-on-Hudson, Joseph Gross, along with the zoning board and village code officer, violated his rights by selective enforcement of the zoning code. He also singles out Mayor Gross for favoring the owner of an adjoining business in a dispute over a fence. Missere alleges that his neighbor, Ray Yannone, built a fence that cut off his access to the back yard.
All of these actions, Missere claims, amount to an abuse of power and has caused him much “emotional anxiety, embarrassment (and) humiliation.” He is seeking a $1 million in damages.
Neither Mark Taylor, an attorney representing the village of Cornwall-on-Hudson, or the mayor would comment on the suit. Co-defendant Ray Yannone, who has faced off with Missere many times at public board meetings over these same issues, said the suit is without merit. “It’s a desperate act by someone to take this step and to have the taxpayers pay more legal fees,” Yannone said in a phone interview. “It’s a shame for everyone in the community.”
The conflict between Missere and Yannone dates back several years, when Missere received permission to build a patio for outdoor dining at the River Bank that eliminated two parking spaces in front of Yannone’s Storm King Theatre. When Missere applied for permission to expand his successful restaurant into an adjoining building on the other side, he was told that it was not within the business district, despite a letter he had received from the village’s former building inspector that states it was in the business district. Missere then unsuccessfully challenged approvals that were given to a restaurant in Yannone’s building and began to speak up about the fence going up behind the property.
The last time Missere was scheduled to appear before the zoning board, in August of this year, a filing error by the village caused another postponement of his nearly two-year effort to gain approval for the expansion of his restaurant. Six weeks later, he filed this lawsuit.
Here are some of the earlier stories about the dispute.
River Bank Expansion Plans on Hold
Village Board Stands By River Bank Agreement
The RIver Bank Restaurant Builds New Patio
Comments:
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A law suit for $1 million is more of an embarrassment than any of the issues/hardships represented in the article - get real
posted by Jim Bixler on 10/09/09 at 10:34 AM
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I like both restauraunts and frequent them equally. They should go to the Dispute resolution center in Goshen. Its free and would save taxpayers a lot of money.
posted by j h on 10/09/09 at 10:39 AM
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Bill did you read the Cornwall local two weeks ago? there are people that supported Moulton comming down hard on the current village mayor. Reading this website over the years and another lawsuit there sounds like a power struggle going on. what is going on down there? powerful people beating up on the little guy? Go Obama!
posted by chuck rapheal on 10/13/09 at 6:51 AM
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