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On October 28, 2019, Judge Richard Kupferman issued an order re: Livingston v. Town of Caroga, et al., Index No. 2019-07829. The Judge ordered that “the Plaintiff’s instant litigation is considered moot and thus the Plaintiff’s Order to Show Cause and Verified Petition/Complaint are hereby DISMISSED in their entirety and without prejudice” and that “the Defendant Fulton County Board of Elections shall seal the results of said public referendum”.
On October 25, 2019 Judge Kupferman presided for both the Balboaa and the Livingston cases. Here are the minutes of the court proceedings.
On October 9, 2019, the Town Board passed a resolution to convey to the citizens of Caroga a statement about the Status of Sherman’s. This statement should answer many questions you have about what has been going on with Sherman’s.
On August 26, 2019, the Town Board reaffirmed the above in Resolution 2019-088.
If the ballot proposition passes, the property would be conveyed to the Caroga Arts Collective, Inc. and all of the terms of the original Donation Agreement would cease under the terms of the General Release & Waiver.
The offer by the Caroga Arts Collective, Incorporated includes payment to the Town of Caroga the Town’s share of property taxes on the Sherman’s property.
On August 27, 2019, the Balboaa Land Development Corporation filed a Verified Reply to Counterclaim.
On August 14, 2019, the Town Board in Resolution 2019-085 authorized the Town Supervisor to sign a Verified Answer and Counterclaim in the matter of the Balboaa Land Development Corporation legal action.
On July 25, 2019, Balboaa Land Development Corporation filed a Summons with Notice of Complaint against the Town of Caroga in Fulton County Supreme Court.
On July 8, 2019, the Town Clerk was served with the Notice of Claim re: Balboaa Land Development Corporation v. Town of Caroga, this time including a copy of the donation agreement and Form TP-584 for real property transfer.
On June 28, 2019, the Town Clerk was served with Notice of Claim re: Balboaa Land Development Corporation v. Town of Caroga.
On June 12, 2019, the Town Board passed Resolution 2019-056 (certified by the Town Clerk) authorizing Supervisor Selmser to sign the following Property Sale Contract (signed by both parties) to sell Sherman’s to the Caroga Arts Collective, Incorporated. The resolution stipulates that a mandatory referendum will be held in August 20, 2019. Fulton County Board of Elections will be involved with referendum details and logistics. A “Yes” vote will approve the sale; a “No” vote will reject the sale. All registered voters in the Town of Caroga will be eligible to vote.
On April 22, 2019, the Town Board passed Resolution 2019-036 authorizing Supervisor Jim Selmser to sign a General Release & Waiver (signed by both parties) that will terminate all possible claims related to Sherman’s by Balboaa Land Development, Inc., the donor of the Sherman’s property, if and only if Sherman’s is conveyed to the Caroga Arts Collective. The Release does not apply to a sale to any other party. Any sale could only happen after the voters approve that sale in a Referendum. If a majority of the voters vote “No” at a Referendum on the sale to Caroga Arts Collective, the Sherman’s sale will not occur and the this General Release & Waiver becomes null and void.
In April 2019, the Town Board received a Property Sale Contract signed by the President of Caroga Arts Collective, Inc. This contract needed to be revised before it was suitable for Town Board action.
On March 13, 2019, the Town Board passed Resolution 2019-035 to convey to the citizens of Caroga a statement about the Status of Sherman’s. This statement should answer many questions you have about what has been going on with Sherman’s.
On February 10, 2016, the Town Board passed Resolution 2016-026 to convene the Sherman’s Advisory Committee. This committee was tasked with soliciting proposals from the public for the development of Sherman’s.
On December 29, 2014, Supervisor Ralph Ottuso and Balboaa Land Development’s President George Abdella signed this Donation Agreement.