Financial Issues Related to the "Country Pointe Plainview" Legal Battle
Documents Posted Below

Why We Need Your Continued Financial Help

One person has spent more than everyone else combined -- and is now out of funds

July, 2016 -- We really need contributions to finance the continued legal effort -- as well as public outreach. This page contains a description along with receipts and documentation of expenses and contributions to substantiate the story we have presented (see below). We received a handful of generous donations in the past weeks for which we are humbled and grateful, but need far more to reach a reasonable budget for various expenses -- both legal costs and general outreach costs. We anticipate organizing a new lawsuit to assure protection of fifteen acres of deep healthy forest thankfully remaining along Old Country Rd. -- near the Bethpage Bikeway, at E. Bethpage Rd. (see Country Pointe Plainview 'Main Page' for a discussion).

Please contribute something here. One person has since January spent over $3,500 of his own money, while contributions since then totaled around $675 total. We should have a budget right now of about $2000 or more, but there only about $255 in new contributions since our appeal in early-July week; this ignores the $2,800 deficit already incurred.

While the Town has promised an open process to decide on the fate o the fifteen acres, and we hope they will, their prior record approving the vast devastation now clear to see, despite massive local opposition, leaves us little hope. Meanwhile the Town's commitment to the soccer leagues -- to cut the forests down -- is a matter of public record (See "Findings Statement", below, p. 21 middle). In fact one important prong of the original lawsuit dealt with those 'promises' -- in the absence of required environmental review -- even though the Nassau judge shamefully 'skated over' the argument.

We are also fighting the old lawsuit to get it fully before the appellate court and possibly see what changes can be achieved. And most importantly to have a full-fight we must vacate the injunctions imposed by the Nassau judge that tie the hands of an attorney and the environmental activist behind this effort, Richard Brummel of East Hills (author of this website).

Since January, there have been over a dozen new legal filings (to intervene and to appeal the improper injunctions), and several appearances by attorneys to aid or represent our "intervenor", as a new 'team' had to pick up the case when the original plaintiffs 'settled' instead of appealing the Nassau court's decision against them.

Overall costs have been around $3-4,000 -- court fees, printing costs, process-service and mailing, and attorney per-diem costs.

About $3,000 was contributed by about 10 people from the inception of the case in June 2015 to mid July: A few neighbors of the original plaintiffs nearRound Swamp Rd. contributed about $1500 initially, and the five plaintiffs themselves contributed an estimated $1,000 for court fees and printing, and several web-contributions were received. Since the new effort commenced in January, only about $500 - $750 more has been received.

The legal work was all done "pro se" (self-done) until the original plaintiffs (the 'petitioners') gave up their right to appeal and accepted a token settlement in January, 2016. Therefore until then most of the costs consisted of court filing-fees and printing costs. At a critical point in November, 2015, a savvy 'per diem' (contract) attorney was found, named Ghenya Grant, Esq., and she came on-board to coach the pro se plaintiffs on their in preparation for a key hearing, which the judge later cancelled, as he did repeatedly. (The narrative continues below.)

Summary of Main Expenses Paid by Mr. Brummel January - April, 2016

Summary of Main Expenses Paid by Mr. Brummel May - July, 2016

Outlays from Richard Brummel for Attorneys to Represent the Intervenor and Otherwise Assist

Outlays from Richard Brummel for Printing, Court, Mailing Costs January-April, 2016 Part A (partial)

Outlays from Richard Brummel for Printing, Court, Mailing Costs May-July, 2016 Part A (partial)

Outlays from Richard Brummel for Printing, Court, Mailing Costs May-July, 2016 Part B (partial)

Bank Statements of "Protect POB" Account (Contributions and Expenses)

Contributions to Website January-July, 2016

SEQRA Findings Statement, May, 2015

After the original plaintiffs 'settled' in January 2016, ending their fight, environmental organizer Richard Brummel took over the matter, recruited new 'intervenor' plaintiffs to make the appeal(only one of whom continued to court). He also sought to 'intervene' himself based on his regular visits to the lands in question. There followed a half dozen court appearances, with voluminous papers and exhibits printed, and multiplying court fees. More significantly, the one 'intervenor' who ultimately went to court chose not to represent herself 'pro se', so attorneys were hired to present the legal arguments and papers on her behalf. All told, between other costs and the attorneys, this resulted in over $3,000 shouldered by Mr. Brummel (see expense summaries and receipts).

Unfortunately the appeal has not been taken, because the Supreme Court and Appellate Division rebuffed the motions to 'intervene and appeal', almost totally on feckless technical grounds -- e.g. a decision is not appealable before it is 'settled'; alleged wrong 'type' of motion to intervene; Article 78 motion not appealable as of right, etc. The trial Court made legal and factual conclusions before the case was briefed.

In February, 2016, developer Beechwood and the Town of Oyster Bay sued Mr. Brummel and an attorney who appeared, Ghenya B. Grant Esq. to silence them -- and the Nassau court, eager for months to put the matter behind it, agreed only too happily to issue injunctions against them. In June and July, 2016, Mr. Brummel filed two massive appellate motions challenging the injunctions. They were denied, and may need to be appealed in federal court.

Without Mr. Brummel's volunteer work to help organize the legal challenge, legal bills would become prohibitive. As it is hundreds of hours of volunteer and paid legal and organizing work have been expended -- writing, researching, printing, publicizing, organizing and presenting.

An entirely new legal battle likely must soon begin in order to preserve the fifteen acres of 'Town-dedicated' forest now remaining. This will require additional funds to get going, as well as new volunteer plaintiffs. Please contract us below.

Contribute Here

CONTACT organizer Richard Brummel, Tel. (516) 238-1646, Email

See Facebook: "Protect POB"

Lower-court filings: These papers are written by laymen, for laymen. Please read some!

Summary of the issues and rebuttal of counter-attacks by Developer and the Town: Article 78 Reply and Memorandum of Law.

'Smoking-gun'evidence: "'Supplemental'Article 78 Petition"

This paper documents the deception and fraud in the official Town/developer environmental review. The Town Supervisor has since repudiated that review (see image below).

The basic statement of the case, the Article 78 Petition, filed in June, 2015.

Justice Peck's December, 2015 Decision. The Justice shockingly ruled that the Petitioners, who are immediate neighbors and intensive users of the CPP site, did not have 'standing' to sue. The Court ignored all precedent -- which was cited in the case. And it ignored five airtight affidavits establishing the Petitioners' 'standing'. As to whether the Petitioners 'had made the same arguments earlier before the Town', the Petitioners showed it was legally-irrelevant, despite the (legally) absolutely false assertions to the contrary by the developers and Town.

See Newsday coverage Newsday earlier editorially 'endorsed' this project -- and has refused to provide any further coverage since this article, despite several press releases covering a community meeting, further legal filings, and the latest decision.

See Facebook "Protect POB".

If you wish to help or need further information, please contact organizer Richard Brummel, Tel: (516) 238-1646, Email: rxbrummel AT gmail DOT com.

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