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Suit against Town of Bethel dismissed, but Abramson plans on appealing

Dan Hust - Staff Writer
Posted 12/16/14

BETHEL — Bethel resident and businesswoman Jeryl Abramson's federal equal protection lawsuit against the Town of Bethel has been dismissed, but it may be back in court soon enough.

“We're …

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Suit against Town of Bethel dismissed, but Abramson plans on appealing

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BETHEL — Bethel resident and businesswoman Jeryl Abramson's federal equal protection lawsuit against the Town of Bethel has been dismissed, but it may be back in court soon enough.

“We're appealing it,” Abramson's attorney, Russell Schindler, confirmed to the Democrat last week. “The decision is demonstrably wrong. I'm confident it will be overturned on appeal.”

Town Supervisor Dan Sturm, one of the targets of the suit, announced the decision at Wednesday's town board meeting.

“I'm pleased to see it got dismissed,” he remarked to the Democrat.

In a November 25 decision issued by the U.S. District Court (Southern District of New York), Judge Nelson Roman said Abramson and her company, Yasgur Road Productions (YRP), had failed to make their case that the town was unconstitutionally treating them differently than a competing business, G&B Real Property LLC, two miles down Route 17B.

The suit centers on Bethel officials' actions towards YRP's annual Woodstock-themed “reunion” events at Abramson's property vs. G&B's similar events on Dr. Duggan Road (near Hector's Inn).

Abramson/YRP have long argued that the town is singling them out to extract more money from them, using G&B's more lenient treatment as evidence.

Judge Roman recognized G&B has been treated differently than YRP, but he felt there's reason for that: namely a 2007 consent order from another court - agreed upon by both the town and YRP after years of repeated battles - requiring YRP to gain a special use permit from Bethel before any such event is launched.

“The order is the practical equivalent of a static land use law,” Roman wrote in his decision. “It has the force of law, it memorialized the terms of pre-existing injunctions based on agricultural zoning, and it continues to dictate the approvals plantiffs must seek before hosting a concert on the land.”

That order, he added, does not apply to G&B, even though he acknowledged YRP's arguments that the zoning on G&B's land does not permit any “recreation amusement or recreation use” and that G&B did not gain a variance to hold its annual events there, starting in 2011.

“The Court finds that the consent order, standing alone, makes the Yasgur Road and G&B properties insufficiently similar, as a matter of law, to support a ‘class of one' equal protection claim,” the judge wrote.

He also found the properties different in that Abramson's land has historically been “a class apart,” noting it was once owned by Woodstock legend and local farmer Max Yasgur.

“Disputes concerning activities on the land date back to 1969,” Roman argued. “From that year onward, the property has had a contentious and litigious history.”

And, he said, YRP's defiance of town law dates back farther than anything argued about G&B.

“The long-running and bitter dispute that has transpired largely explains why Yasgur Road was fined $25,000 in 2011 and why the company otherwise has triggered town civil enforcement efforts,” said Roman.

“... G&B's relationship with the town may permit some leniency in the application of whatever laws do apply,” he added, “whereas Yasgur Road's relationship with the town likely, and rationally, does not permit any such leniency.”

Thus, he concluded, the differential treatment is justified on the grounds of “legitimate government policies.”

Abramson/YRP still have an ongoing malicious prosecution suit against the town.

Nevertheless, Abramson is applying for the necessary permits to once again stage a “reunion” event next August, similar to two successful, town-approved versions that were held in 2013 and 2014.

And it's likely she'll get permission.

“I'm wishing her well and hope she has a great event next year,” said Sturm.

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