LOWVILLE An application for an injunction to prevent the Lewis County Board of Legislators from canceling the sale contract between the county and the owners of the Lewis Lanes bowling alley has been approved in state Supreme Court, with a hearing date set for Nov. 14. Also requested, but denied, was a temporary restraining order to prevent any action before the court hears the petition.
An Article 78 proceeding on behalf of Richard E. and Derek Crouse, the alleys owners, has been filed by Goldberg Segalla LLC, Rochester.
Theyre asking for a court order to compel the county to abide by the terms of the agreement, County Attorney Richard J. Graham said.
The contract for the sale, which transfers the bowling alley to the county for $1 million, stated a Dec. 15 closing date and a rental agreement between the parties ending May 15.
Legislator Paul M. Stanford, D-Watson, last week changed his mind after he and five other legislators voted to approve the purchase of the building.
He said his vote was based on misinformation he was given, and he planned to request a new resolution rescinding the agreement. Legislator John O. Boyd, D-New Bremen, followed in announcing that he, too, had changed his mind, citing misinformation.
Mr. Stanford further was prompted to rescind the agreement after learning of the closing date and rental agreement, which he said were never part of the discussion or negotiations.
Mr. Boyd; William J. Burke, R-West Lowville; Jerry H. King, R-West Leyden; Jack T. Bush, R-Brantingham, and Richard C. Lucas, R-Barnes Corners, also said they were unaware of the closing date and rental agreement.
Monday afternoon, Mr. Stanford said he was not informed by legislative Chairman Michael A. Tabolt or Mr. Graham that the application for an injunction had been filed. After learning about it, he said he still plans to introduce a resolution rescinding the agreement at todays Legislature meeting.
Legally, we can still do it. I dont have a gag order, he said.
Calls to attorneys representing Lewis Lanes were not returned.