Letter sent to residents from RCCCA legal counsel

As reported by The Island Now back in August, the RCCCA legal council, paid for by over 200 residents of the RCC community, have filled a petition to withdraw from the case. They say, as can be read below, that the RCCCA is undergoing a course that is “both unrealistic and not in the best interest of RCC homeowners.” When I attempted to gain clarification on why the RCCCA thought the park-district plan was better for the community, I was told the RCCCA has never made such decisions and is solely providing choices to the community. Decide for yourself.

“It has become apparent to us that the proposed taking of part of the Country Club property by the Town of N. Hempstead has numerous problems. First and foremost, it is practically impossible to obtain the consent of the Roslyn Country Club (“RCC”) owners to the taking of part of the Country Club property without condemnation. There is nothing in the Town budget that provides for the cost of the condemnation of the individual easements of the RCC homeowners or what the RCC homeowners may be entitled to as compensation for their easement rights.

As we previously indicated to you our real estate expert has indicated that each homeowner’s property would be worth an additional $25,000.00 if they had access to the pool. In addition they may be entitled to damages for the prior loss of use of the pool, tennis courts and other facilities. The two litigations together may disclose that Mr. Malekan has a nominal interest in the Country Club facility because we believe that damages for the loss of use of the Country Club for seven (7) years plus the loss of the easement rights exceeds the value of the property.

Assuming the Town purchases the property from Mr. Malekan for $2,000,000.00 and assuming that Mr. Malekan has a net rent of $500,000.00 for the catering facility, we would value his interest in the property at 7 to 10 million dollars minus the claims of easement holders. Obviously if RCC homeowners are successful in the current lawsuit and are successful in recovering for the value of their easement, their recovery may be well in excess of the value of the property.

We further believe that the Town, even if the referendum is passed in November, would take two to three years to open the pool to the public. It is also possible since the Town is contemplating fees of at least three times more for the membership than that of other pools operated by N. Hempstead that this pricing of the membership in the pool may lead to a lawsuit against the Town of N. Hempstead.

We believe that the only practical resolution of this matter is to force Mr. Malekan to sit down at the table and structure a deal where he operates the pool and other facilities at a fixed price for the Country Club members and that the members have some interest in the catering facility and the rent therein as well as for other facilities.

We believe that the committee has entered into a course of conduct without our assistance and contrary to our advice. We believe that what the committee is trying to obtain is unacceptable to many homeowners in the RCC as well as other taxpayers. We believe that your actions are both unrealistic and not in the best interest of RCC homeowners.

If you wish to continue your current course of conduct and act contrary to our advice we will have no other alternative but to withdraw as counsel from this matter.”

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