Judges Rules Yorktown Can Keep Working On Golf Course

YORKTOWN, NY — A request by a golf course developer to stop the town of Yorktown from working on a municipal golf course was rejected by a state Supreme Court judge.

In a ruling issued Wednesday, Justice Charles D. Wood denied RC Recreation Development’s request to impede the ongoing work at the town-owned Par 3 Golf Course, which is expected to open this summer at 795 Route 6 in Shrub Oak.

RC Recreation filed a lawsuit in July seeking to reverse the Town Board’s decision to cancel its redevelopment contract with the developer after the town claimed years of delays and shoddy work.

Wood said, in his decision, that RC didn’t establish a likelihood of success on the merits, as the record appears to substantiate there were contractual violations on the part of RC.

The judge also noted that Wadsworth Golf Charities Foundation broke off its relationship with RC because of a lack of communication, unskilled work and inexperienced management and that a preliminary injunction in favor of RC will likely cause damages to the town.

Supervisor Tom Diana said he was confident the town would prevail in, what he called, a bogus lawsuit.

“RC Development’s failure to deliver is clear and we are optimistic that the court will decide this lawsuit in our favor,” he said.

After months of delays, Yorktown revoked a redevelopment contract with RC for a municipal golf course in November because the developer didn’t perform as agreed.

Town officials said RC had gone from giving the town four false reopening dates to claiming the contract didn’t require providing a projected opening date.

The town said it had the right to terminate the agreement for cause. Town inspectors visited the golf course and found electrical hazards and many unresolved violations cited in July, including people illegally living in trailers, unsafe bridges and plumbing issues.

It was estimated by town recreation officials that the course couldn’t open within the next two years with RC as the developer.

In February, the Town Board voted to grant a five-year concession agreement to Yorktown Golf Group Inc., with a firm reopening date of June 16 for the restaurant and Aug. 18 for the golf course.

If Yorktown Golf Group fails to meet the opening dates, the agreement will be considered breached, the town said.