School District Enjoined from Altering Kemper Park:
New Park Preservation Group Forming

by Judy Silberstein

(July 22, 2004) Despite summer vacation, there continues to be major legal and organizational activity focused on the Kemper Park. A group temporarily calling themselves the Citizens Group for the Preservation of the Kemper Memorial Park issued a press release on July 19 to update the public on actions being taken on behalf of the park. According to the release:

"On July 15th , Supreme Court, Westchester County Justice, Orazio R. Bellantoni, issued a temporary restraining order enjoining the Mamaroneck Free School District and the Board of Education '…from altering, modifying, encroaching upon or otherwise reconfiguring the original construction of the premises known as the Richard M. Kemper Memorial Park…' "

Judge Bellantoni’s order was at the request of attorneys for Richard Cantor, grandson of Adolph Kemper, who donated the park to the schools in 1945.

When asked about the restraining order, Mamaroneck Schools Superintendent Dr. Sherry King responded that “in practical terms, it has almost no meaning. The board is neither able nor planning to take any action at this stage because New York State will not accept plans until full financing is in place. “ Only $500,000 of the anticipated $1.3 million to be allocated for the project has been approved to date. The remainder is expected to be included in the 2005-06 budget next May. As for the legal document itself, Dr. King had no comment.

According to Michelle Silva, attorney for Mr. Cantor, the district has until August 11 to file responsive papers. Then Mr. Cantor has an opportunity to respond. “We have a court date to appear before Judge Bellantoni on August 25,” she said.

Mr. Cantor’s decision to file legal papers was in reaction to the request for a declaratory judgment by the school district on June 24. (See: School Asks for Court Clarification on Kemper Plan) The district was attempting to clear up the legal question of whether it has the right to proceed with its plans to move and reconfigure the park to make room for adding a varsity-sized playing field on the Mamaroneck High School campus. There has been no update on the status of that suit.

Ms Silva explained, “We are asking for both lawsuits to be consolidated in order that all three sides be heard at one time: the school district; the Attorney General’s Office ( that is responsible for charitable donations); and Mr. Richard Cantor of the Kemper family.”

The Citizens Group opposes the school plan, and refers to it as “confiscating half of the World War II Memorial Park to pave a new driveway and complete an athletic field…” Their mission is to defend and protect the park in its current configuration. The group does not include Mr. Cantor, but members of the organization have been in communication with him and his attorney.

It is the group’s view that: “Finding another location for the athletic fields is the only alternative. To move the World War II Memorial Park would be to destroy it” and would violate the requirements of the deed.

The press release was signed by three residents in the school district: Jan Northrup, who has opposed the district’s plans to change the park since they were first considered in 2000; Ed Bisno, whose son, Adam, was the first to raise public awareness of the historical roots of the park in 2000; and Mark Schumer, who has been active in opposition of the park in the past year. The group is in the early stages of forming, with no set leaders, and a developing agenda. It evolved from an earlier organization that formed this spring in an attempt to defeat the school budget, which included $500,000 earmarked for district’s park plan. The budget passed on May 18, but only by 76 votes.

As the group continues to form, it will be issuing further releases, adding to the already lengthy “saga of the park.”