Request for Appeal Keeps Kemper Park Plans in Limbo

by Judy Silberstein

(March 9, 2006) As expected, attorneys for the Kemper family have petitioned for permission to appeal a January 24, 2006 ruling by the Appellate Division of the NY Supreme Court that found in favor of the Mamaroneck School Board’s proposal to modify the Kemper Memorial Park to make room for a soccer field. Richard Cantor, grandson of the park’s donors, successfully sued to stop the plan last year, but the schools prevailed this year on appeal. Furthermore, the Appellate Division ruled that Mr. Cantor did not have standing to bring his suit. (See: Court Rules for School Board on Kemper Park)

According to Paul P. Rooney, attorney for Mr. Cantor, the motion to the Appellate Division of the NY State Supreme Court was filed this Monday, March 6, the deadline for making a request to appeal the decision. Mr. Rooney is working with Thomas R. Amlicke, a Larchmont resident and member of the local Kemper Memorial Park Preservation Fund, and their firm, Reed Smith LLP, is representing Mr. Cantor pro bono.

Click Here for the Motion for Leave to Appeal & For Stay Pending Appeal

Mr. Rooney’s motion also asks the Appellate Division to grant a stay of the earlier ruling pending the current appeal. If granted, the district would be prevented from making changes at the park. However, even without the legal stay, the district is unlikely to initiate changes at this point.

The School Board has until March 16 to respond to Mr. Cantor’s motion, but there is no predicting when the Appellate Division will rule. The Board’s president, Celia Felsher, confirmed that “ the Board will not take any action until the legal action is resolved.”

Sure enough, Superintendent Paul Fried’s proposed budget for 2006-200, unveiled at this Tuesday’s study session, has no additional funds for the park project. In 2004, voters narrowly passed a school budget that included a $500,000 installment towards the project (See: School Budget Passes: 1520 to 1444 ). In 2005 a second installment of $800,000 was left out, and the budget passed with ease. (See: School Budget Passes with 61% of Vote ) The first installment remains in the district’s capital fund; if all or a portion of those funds are not used for the Memorial Park project, it will be transferred back to the general fund, explained Ms. Felsher.