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Sherman’s

On November 13, 2019, the Town Board issued a Special Statement regarding legal issues surrounding Sherman’s.

On October 30, 2019 and October 31, 2019, the Town of Caroga and Balboaa Land Development Corporation each signed a mutual release as ordered by Judge Richard Kupferman.

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 28, 2019, Judge Richard Kupferman issued an order re: Balboaa Land Development Corporation v. Town of Caroga, Index No. 2019-07599.

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 25, 2019, the Town of Caroga Town Board passed Resolution 2019-110 (stamped with town seal) to enter into and sign a Stipulation and Agreement to settle the lawsuit of Balboaa Land Development Corporation v. Town of Caroga, Index No.: 07599, and authorize Dunn & Dunn, PLLC, by and through Gregory T. Dunn, Esq., to present the signed Stipulation and Agreement to the authorized agent of Balboaa Land Development Corporation for signature and thereafter to the presiding judge for approval, to be read into the Court record and signed and entered by said judge as an order of the Court.

On October 9, 2019, the Town Board passed Resolution 2019-103 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 passed Resolution 2019-088, reaffirming Town of Caroga’s Property Sale Contract for sale of Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., authorizing the Attorney(s) for the Town to order title and tax updates and/or searches for said Property, submitting said Resolution and/or Property Sale Contract to referendum vote without the requirement that a petition be filed pursuant to Town Law, adopting the language and/or ballot question for and establishing the date, time and place of the referendum vote.

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 May 7, 2015, the Town Board passed a resolution (in PDF minutes) which rescinds in all respects Resolution Number 34 of 2015; and, it is further RESOLVED, that the Town Board, subject to conditions described herein and made a part hereof, ratifies the action taken by the Town Supervisor to accept the Deed and to execute all transfer documents related to the property identified in and annexed hereto as Exhibit “A” free and clear of all rights and responsibilities as an unconditional donation from Balboaa Land Development at no cost to the Town of Caroga; and, it is further RESOLVED, that the Town Board confirms that by withdrawing Resolution Number 34 of 2015 that the Town’s intent is to clarify that the Town is not bound by any of the terms of the Donation Agreement dated December 29, 2014, and that the Town is accepting the donation of the real property in Exhibit “A” without any of the conditions or terms provided in said Donation Agreement; and, it is further RESOLVED, that the acceptance of donated property under the Deed annexed as Exhibit “A” does not require any bonding or financing on the part of the Town and, therefore, under Town Law sections 64(2) and (8), 81 and 220, there is no obligation on the part of the Town to hold or to allow a Petition for a permissive referendum as a condition of accepting said donation; and, it is further, RESOLVED, that the final acceptance of the real property donated under Exhibit “A” to the Town is conditioned on approval by the Town of Caroga Planning Board to grant subdivision approval for any parcels formerly owned by Balboaa Land Development which require Planning Board approval in order to lawfully subdivide the parcels that are subject to Exhibit “A”; and, it is further, RESOLVED, that pending a determination by the Planning Board on said subdivision application that the Deed (Exhibit “A”) filed in the County Clerk’s Office shall remain filed so as to protect the Town’s rights to the right, title and interest of said donated land and that in the event that the Planning Board does not approve the subdivision application to conform to the descriptions of the Deed in Exhibit “A”, that the Supervisor is directed to execute all necessary transfer documents to return the land in Exhibit “A” to Balboaa Land Development.

On March 11, 2015, the Town Board passed Resolution 2015-034, retroactively approving the Donation Agreement between the Town of Caroga and Balboaa Land Development Corporation dated December 29, 2014 and signed by Supervisor Ralph Ottuso.

On December 29, 2014, Supervisor Ralph Ottuso and Balboaa Land Development’s President George Abdella signed this Donation Agreement.