APPELLATE COURT IN BROOKLYN PREPARES TO HEAR GEDNEY ASSOCIATION APPEAL OF FASNY APPROVAL BY WHITE PLAINS

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. October 9, 2021:

Attorneys litigating the Gedney Association vs. City of White Plains over the French American School of New York  effort to build a new school campus on the former Ridgeway Country Club property were contacted Friday  by John F. D’Amico Calendar Clerk, Appellate Division, 2nd Department , Brooklyn,  to declare dates when they are not available for a hearing of the case, or any other developments in the case affecting the scheduling of the court appearance.

The in-person presentations may take place within the next two months.

This hearing  is the next legal level in the  11 year controversy over the French American School of New York plan to build a school campus on the former Ridgeway Country Club property in the Gedney Farms neighborhood in White Plains.

The significance of this appeal is whether or not a covenant associated with the future use of  a property would take precedence over future plans for the property (i.e. a school, if the nature of the proposed prohibited construction was not specifically mentioned in the covenant). would be upheld or dismissed (because of passage of time or convenience of the present owner).

A secondary matter is the Gedney Association contention the environmental review was inadequate,

Should the Appellate Court rule the  covenant forbidding “institutions” on the property be found non binding in perpetuity (forever) this would mean restrictions on property going forward would set precedents going forward opening up all sorts of legal gambits involving properties going forward.

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