“If You Don’t Like What I’m Doing, Sue Me!”

On Saturday, July 2, 2016, ABG posted a story about Mr Feiner and his Town Board working, and we believed even then in secret, with Formation Shelbourne, a developer looking to build a 94-bed assisted living facility at the current Sprainbrook Nursery location. That article was titled:

Like A Good Neighbor, Formation Shelbourne Sues Everyone Hoping To Stop Free Speech, Then Realizes Their Blunder. This article explained that Formation Shelbourne decided to sue numerous groups, individuals and of course the Town for rescinding their NegDec ruling which would have easily opened the doors to “the process” for Formation Shelbourne to proceed with their project. After rescinding the NegDec, Formation Shelbourne would be forced to start the process over again. 

On Wednesday, July 6, 2016, in our article entitled:

Shelbourne Decides Not to Sue, we explained that after the furor we and others created, Formation Shelbourne issued a press release stating that their initiation of lawsuits against the citizens and civic groups questioning their project was a mistake and they would withdraw their lawsuit – without apology.

 

On July 9, 2016 we wrote another article entitled Embarrassed Town Leaders To Vote To Undo Scam, explaining the move being contemplated by Mr Feiner and the Town Board to reverse the NegDec vote that had foolishly made to push the Formation Shelbourne project forward as promised. You see, promising constituents and taxpayers something and then doing something else can usually be done with little or no consequence. But when you go up against a multi-million dollar entity whose resources are almost immeasurable, the consequences can be severe. 

On Saturday July 16, we posted yet another article entitled: Town Board Threatened, Delays "NegDec" Cancellation Vote and described how Mr Feiner and his Board had decided to reverse their NegDec ruling. While this was brought about by public pressure as well as websites such as this one and others, Mr Feiner cleverly decided to explain his improper actions as a mistake and that the Zoning Board of Appeals should be the one reviewing this, not he and the Town Board. 

Unbeknownst to the average taxpayers was that Formation Shelbourne initiated and then withdrew their law suit as we had written earlier. What most would also not know was that Formation Shelbourne’s representative, threatened Mr Feiner and the Town Board with another lawsuit at a Work Session if the Board rescinded their NegDec. They rescinded it and soon after Mr Lino Sciarretta did in fact bring suit against the Town on August 18, 2016! 

Not only did most residents and taxpayers not know another lawsuit was brought against the Town because of Mr Feiner and his Board’s (illegal?) actions, the Town officials intentionally kept it under wraps and did not inform the public of this action! Ironically, Town Attorney Tim Lewis had informed the Town officials that they had been warned there would be a lawsuit even after he explained to them that he believed they had acted improperly by rescinding the NegDec. Mr Feiner always says, "If you don't like what I'm doing, sue me." So they are; now for a second time!

In reviewing the lawsuit, the petitioners state numerous times when a NegDec can be reversed or withdrawn. Those would be a) substantive changes to the plans; b) newly discovered information, or, c) changed circumstances that the rescission could be based. Added difficulty for Mr Feiner and his Board was the Formation Shelbourne’s admission that they and Greenburgh officials had secretly agreed behind closed doors to support the Formation Shelbourne application, the Town Board’s issuance of the NegDec as part of their agreement!

Apparently, the ethically challenged Mr Feiner and his Board believe they can do whatever they want without consequence. Perhaps because they always seem to run unopposed at election time feel invincible? Perhaps they believe their own hype that they have the toughest ethics law on the books and revel that other communities want to emulate it? Perhaps it’s because Mr Feiner appoints and his Board approves all members of the various Boards, including the Ethics Board? Following the Town’s ethics law is a whole other story. Actions such as these prove of why we need term limits and engaged constituents. Only then will we see A Better Greenburgh.