KENOZA LAKE - Will a decision handed down June 21 by the New York State Supreme Court, Appellate Division stop Ian Leifer from hosting his fifth annual The Camping Trip music festival next weekend, July 27-29?

Town officials think not.

“He didn't have a permit to have the event - ever,” Town of Delaware Supervisor Ed Sykes said. “He just thumbs his nose up at the whole process.”

The Appellate Division, Third Judicial Department's decision in essence prohibits music festivals, plays, films and other dramatic performances in the town's Rural District without a permit from the Town of Delaware Planning Board.

As of yesterday, TheCampingTrip.net website was still boasting tickets for sale, including a map (of an as-yet undisclosed location) and a three-day line-up featuring some of the hottest singers and groups in Jewish culture.

At odds are Swiss Hill resident Leifer and the Town of Delaware over Leifer's insistence on holding the illegal, multi-day music festival year after year at his property, which has attracted nearly 600 people on several occasions.

According to the most recent court decision, “He [Leifer] began holding a religious observance on the property in 2014 that, even by his own account, quickly evolved into an annual, multi-day festival attended by several hundred people.”

At Leifer's latest court appearance his attorney, Russell A. Schindler of Kingston, argued that Town of Delaware laws excessively interfered with his [Leifer's] expressive conduct in violation of the First and Fourteenth Amendments.

However, a panel of Appellate Court Judges saw it differently.

They ruled, “A theater…is prohibited in the Rural District.”

A theater as defined in the zoning law is “[a} building or room or outdoor facility for the presentation of plays, films, other dramatic performances or music.”

Attempts to contact Mr. Leifer and his attorney for this story went unreturned.

“The whole thing is a fraud,” Supervisor Sykes said. “The whole thing is ridiculous.”

While Leifer in the past has claimed that the event is not a money maker, the website boasts prices which begin at $200 for a camping pass, $700 for a 4-person package, $900 for a family package plus tent rental fees, and $75 meal tickets.

Sponsorship and vendor opportunities are also available, according to the website, but no costs given.

According to the website, Tier 1 tickets were sold through July 15 while Tier 2 tickets are on sale through this Sunday, July 22 at midnight.

Attendees must buy a ticket for the entire three days as one-day passes are not allowed.

According to the website, the festival grounds will be surrounded with string and if guests are found outside the string they will be asked to leave.

The hand-drawn map, which appears on the website includes The Callicoon Creek, which runs through the Town of Delaware and was near the previous festival site.

Actually, Leifer is already acting in an illegal fashion with his current The Camping Trip website. The Supreme Court granted the Town of Delaware's motion to prohibit Leifer “from continuing to advertise, sell tickets to and from holding or permitting to be held upon the premises” a festival and related activities.

The decision further stated, “Supreme Court made clear that the injunction did not prohibit any uses consistent with the single family residence situate on property.”

More importantly, the decision reads, “A resident in the Rural District [in the Town of Delaware] can accordingly worship, watch films, play music, have family and friends visit and engage in other private behavior customarily conducted by homeowners without fear of running afoul of the theater restriction.

“The theater restriction only prevents a property owner in the same zoning district from setting up facilities for a cultural presentation, such as an outdoor music festival where hundreds of paid ticket holders enter onto his or her land and take part in it.

“…The theater restriction is limited by its language to indoor and outdoor facilities where cultural performances are staged and its wording “invites neither misunderstanding by a person of ordinary intelligence nor arbitrary enforcement by [plaintiff ].”

“We have town laws for a reason,” Supervisor Sykes said. “We have processes - no ifs, ands or buts.”