WATERTOWN — A Washington Street property owner has started legal action in an attempt to stop the city’s pending purchase of the Watertown Golf Club.
Maryellen Blevins filed a complaint Tuesday in state Supreme Court against the city, its City Council and three council members, Patrick J. Hickey, Lisa A. Ruggiero and Clifford G. Olney III.
The three named council members have voted to spend $3.4 million in city capital reserve funds to buy the club, which will include about 64 acres of land on which club owner Michael E. Lundy operates nine of the club’s 18 holes, along with the clubhouse, carts and other assets. The city owns the golf course’s remaining nine holes in Thompson Park, which are leased to Mr. Lundy.
The council’s remaining two members, Mayor Jeffrey M. Smith and Sarah V. Compo Pierce, are opposed to the purchase and have voted against a resolution to buy the course and a resolution authorizing the funds to be used to make the purchase.
According to Ms. Blevins’s complaint, the purchase would represent an “unconstitutional gift of funds to private entities” as the proposed sale price far exceeds a 2017 appraisal of $591,000 for the property, although no updated appraisal was obtained, which is also noted in the complaint.
“Instead, Defendants have blindly approved the expenditure of $3.4 million from the City’s reserve funds, and such expenditure has not been supported by any records or valuations available,” the lawsuit states. “Defendants have committed waste and an illegal act through this unconstitutional gift, not simply by failing to obtain an appraisal, but in accepting without any negotiation a sale price that grossly exceeds prior appraisals available to Defendants.”
The suit also says that the defendants ignored the legal opinion of city attorney Robert J. Slye that an environmental review of the property be conducted as required under the State Environmental Quality Review Act (SEQR.)
Mrs. Blevins is asking a judge to declare the resolution authorizing the Asset Purchase Agreement it approved during a special meeting Dec. 12 null and avoid as well as the agreement itself. She is also asking that a preliminary and permanent injunction be granted preventing the sale called for in the agreement. According to the suit, the sale is scheduled to close Thursday.
The suit states that Ms. Blevins, who declined additional comment Tuesday, has standing to bring the action against the municipality because she owns property in the city with an assessed value exceeding $1,000.
A request for an order to show cause hearing as to why a preliminary injunction should not be granted has been filed with the court, but the hearing had not been scheduled as of Tuesday evening.
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