Subject: Village of Pittsford Court Decision on 75 Monroe Ave

For Immediate Release

Contact: Mayor Robert C. Corby

Pittsford, NY
March 18, 2016

Telephone: 585-750-0739
mayorcorby@villageofpittsford.com

New York Appellate Court Finds Village of Pittsford Board Members Do Not
Have a Conflict of Interest on Westport Crossing Development Project

On March 18, 2016, New York Supreme Court, Appellate Division, Fourth Department
reversed a lower court ruling (Supreme Court, Monroe County, Justice Ark) that had held
Mayor Robert Corby and Trustee Frank Galusha had a conflict of interest because of their
expression of personal opinions on the Westport Crossing Project (the Project). The
Appellate Court held that Justice Ark erred in determining that Corby and Galusha were
disqualified from participating in deliberations or determinations concerning the Project. The
Court held that [t]he expression of opinion by Galusha and Mayor Corby on matters of
public concern is to be encouraged, not penalized. (internal quotation omitted). The Village
of Pittsford Board of Trustees is pleased that the Court confirmed Village elected
representatives ability to adequately represent their constituents in matters of critical
importance to the community.
While the Appellate Court affirmed Justice Arks determination that the negative declaration
for the Project could not be rescinded after the Board issued a special permit for the original
version of the Project, it did not opine on whether the subsequent Project changes that the
developer made violate the original special permit or the zoning law. In addition, the
developers application for the required certificate of approval from the Village Architectural
Preservation and Review Board was denied, and the denial was affirmed by the Village
Zoning Board of Appeals. Moreover, Justice Ark has also determined that the developer
failed to comply with the required Local Waterfront Consistency Law. As a result, the Project
lacks the requisite approvals to move forward, and is, at this point, dead.