continued In addition to the threat to close the trails across his property, Menacho also stated that he would be “forced” to seek legal counsel to show that the village board was arbitrary in its decision to change zoning for the brewery (from residential to industrial) and would seek to have any zoning decisions overturned. He also would “have no choice” but to opt for legal counsel to seek damages from the Village of Cazenovia for its decision. “Any zoning change that diminishes my property value may constitute a compensable regulatory taking. I would prefer not to take this route, but as Mayor Wheeler has stated openly his support with statements like ‘this is a win-win situation’ I feel I may be forced to act to protect our investment if no one else will.”
“To spend another 50 percent of the value of my property in fighting the village in court is better than losing 50 percent of it passively,” he stated.
In response to this email, Jenny Coughlin, president of Limestone Creek Hunt Club, stated in a March 4 email to Wheeler that “Barring access to [this property] greatly affects our ability to continue our traditional sport of fox hunting. Once access has been denied, it becomes very difficult to ever regain the territory.”
Coughlin stated that the club has been using the land for its fox hunts for nearly 50 years, and while they take no position on the brewery project itself, the loss of trail use would be “a tragedy” for all organizations who have historically utilized the land. “We are hopeful that the village board will address the potential negative impact this edict from the new owners of Old Trees has on the many local stakeholders involved,” Coughlin wrote.
Carol Buckhout, president of the Lorenzo Driving Competition board of directors, stated in a March 4 email that the LDC board “echoes” Coughlin’s comments. After having access to the lands in question for the past 37 years, “We too are hopeful the village board will be able to work through this issue to the benefit of the organizations such as LDC, LCH and Caz Preservation,” she wrote.