Four months after a complaint that would have extinguished the rights to a vacant lot off Canandaigua Lake from 59 defendants was dismissed in court, residents fear an appeal is coming.
Denise Bourgeois of East Rochester said the prospect of an appeal has left her and the other 58 defendants in a difficult spot.
“We feel like we’re getting picked on,” Bourgeois said. “We feel like the underdog.”
The complaint was filed earlier this year by Andrew Prestigiacomo of Rochester, the owner of the vacant parcel on Deep Run Cove in the Gorham that has caused the spat.
He is also the owner of a lot adjacent to the vacant property. Though the 59 residents of a nearby subdivision — who were the defendants in the case — were granted an easement saying they could access that property, Prestigiacomo’s attorney, Vincent Moyer, argued that the easement was conditional in nature, and the defendants had no right to the vacant lot.
The easement — which was issued in 1952 — states the lot would be used for “park purposes and the recreation and enjoyment of lot owners in the Lake View Hills Subdivision and their guests.”
Prestigiacomo’s complaint was dismissed June 15 by Ontario County Judge Craig Doran. A large group of the defendants were in court that day. Some, such as Bourgeois and her husband, Greg, brought signs that read “save our lake rights.”
While they were happy with the outcome, they worried about the prospect of an appeal. It’s a concern they still have now, and Bourgeois said it’s “frustrating.”
She added one of the main frustrations is the cost to hire an attorney to once gain represent the large group. To help the process, Bourgeois said the group is running a fundraiser 9:30 a.m. to 3:30 p.m. Saturday, Oct. 27, at the Crystal Beach fire station. The event will be a garage and bake sale with proceeds going toward legal fees for the 59 residents. The group was represented during the appeal by Cheney & Blair, LLP in Skaneateles.
Laura Robbins-Milliman, of Gorham, estimated that the cost for legal fees will range from $5,000 to $20,000 depending on how long the process takes. She said the group has not yet decided who will represent them.Bourgeois added that the ultimate goal of the residents — who live in a variety of places, including Rochester, Canandaigua, Gorham and locations out of state — is to form a homeowners association.
Four months after a complaint that would have extinguished the rights to a vacant lot off Canandaigua Lake from 59 defendants was dismissed in court, residents fear an appeal is coming.
Denise Bourgeois of East Rochester said the prospect of an appeal has left her and the other 58 defendants in a difficult spot.
“We feel like we’re getting picked on,” Bourgeois said. “We feel like the underdog.”
The complaint was filed earlier this year by Andrew Prestigiacomo of Rochester, the owner of the vacant parcel on Deep Run Cove in the Gorham that has caused the spat.
He is also the owner of a lot adjacent to the vacant property. Though the 59 residents of a nearby subdivision — who were the defendants in the case — were granted an easement saying they could access that property, Prestigiacomo’s attorney, Vincent Moyer, argued that the easement was conditional in nature, and the defendants had no right to the vacant lot.
The easement — which was issued in 1952 — states the lot would be used for “park purposes and the recreation and enjoyment of lot owners in the Lake View Hills Subdivision and their guests.”
Prestigiacomo’s complaint was dismissed June 15 by Ontario County Judge Craig Doran. A large group of the defendants were in court that day. Some, such as Bourgeois and her husband, Greg, brought signs that read “save our lake rights.”
While they were happy with the outcome, they worried about the prospect of an appeal. It’s a concern they still have now, and Bourgeois said it’s “frustrating.”
She added one of the main frustrations is the cost to hire an attorney to once gain represent the large group. To help the process, Bourgeois said the group is running a fundraiser 9:30 a.m. to 3:30 p.m. Saturday, Oct. 27, at the Crystal Beach fire station. The event will be a garage and bake sale with proceeds going toward legal fees for the 59 residents. The group was represented during the appeal by Cheney & Blair, LLP in Skaneateles.
Laura Robbins-Milliman, of Gorham, estimated that the cost for legal fees will range from $5,000 to $20,000 depending on how long the process takes. She said the group has not yet decided who will represent them.Bourgeois added that the ultimate goal of the residents — who live in a variety of places, including Rochester, Canandaigua, Gorham and locations out of state — is to form a homeowners association.
“We just want this resolved once and for all,” Bourgeois said. “We don’t want (to be) pulled into court again.”
Robbins-Milliman agreed.
“We are frustrated with the lawsuit and the recent appeal,” she said. “Our family uses the lake lot regularly to swim and relax. We just want to enjoy the land that we have deeded rights to.”
According to the Appellate Division of the Fourth Judicial Department, in Rochester, no court date has been set for an appeal. After filing a notice of appeal, the complainant has 60 days from the service of that appeal to file briefs for the case. After the briefs are filed, a court date can be set.
Prestigiacomo declined to speak about the potential appeal, and instead deferred comment to his attorney. Moyer was not available to comment on the issue as of Wednesday.
