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Attorney General, State Parks Department Demand Marion Carll Lawsuit Be Dismissed

New York State officials say its been more than 30 years have passed since limitations were placed on Marion Carll Farm, and the heirs never showed interest before.

 

New York State officials have met Commack School District half way in their response to the lawsuit filed by Marion Carll's heirs for control of the historic farm. 

New York State Attorney General and New York State Office of Parks, Recreation and Historic Presrvation filed a response to the  on July 17. New York State officials call for the heirs' lawsuit to be dismissed as more than 30 years have passed since the creation of the will, and that the state has its own reasons for being interested in the property. 

 who seek to repossess the historic property, claiming the school district has failed to use the land for educational and public purposes. 

Among the those also served with the lawsuit was New York State Office of Parks, Recreation and Historic Preservation and the New York State attorney general. 

In the state's 7-page response to the lawsuit, state officials argue that Carll's heirs have lost the right to claim the property should revert to them, simply because it is not being used for educational and public purposes. It has been more than 30 years since Carll's will was drafted, and the heirs have never showed interest, argues the state.  

New York State Office of Parks, Recreation and Historical Preservation points out that the to help restore and preserve the property in the 1990s, when BOCES leased the nine-acre historic farm from Commack School District from 1990 to 2000. 

On page 3 of their response, state officials mention the BOCES grants resulted in several covenants being placed on the land to make sure the focus stayed on maintaining and preserving the historic qualities of the property. 

New York State officials wrote: 

New York State's interest in the property is superior to any interest that the plaintiffs might claim in the property; plaintiff's interest, if any is subject to the preservation covenant. 

The plaintiffs being Marion Carll's heirs. 

While state officials clearly agree with Commack School District that the heirs' lawsuit should be dismissed by the courts, they do not agree on the future of the historic farm. 

Commack School officials free of the restrictions in Marion Carll's will, which mandated the land be used for the public and educational purposes. 

The district's request to be rid of the restrict use of the land, on page 21 of their response, reads: 

Accordingly, the Court should render a judgement pursuant to section 1955 of the Real Property Actions & Proceeding Law discharging the restriction in its entirety and authorizing the District to convey, lease, mortgage or otherwise dispose of the poerpty free of the restriction, and that the purchaser under such disposition shall take free of the restriction, as well. 

Meanwhile, state officials repeatedly make clear in their response to the lawsuit that "the property is subject to the preservation convenants and that said the convenants run with the land." 

New York State Department of Parks, Recreation and Historic Preservation does not make any indication that the state would be willing to take over possession and upkeep of the land and its buildings in the future. 

Tell us: Do you think this historic farm would be better cared for in the hands of New York State, Commack School District or the Carll heirs? Do you think the judge should enforce the restrictions the property be kept historical and used for educational and public uses, or allow potential development? 

Tell us in the comments below. 

Tom Maloney July 31, 2012 at 12:43 PM
The school district should not be diverted from its primary mission - the education of children in the Commack School District - by the issues related to the management of the Marion Carll Farm. The farm should be managed by either the NYS Parks dept or, if it's feasible, the Suffolk County Parks department.
Diane Kraut July 31, 2012 at 02:07 PM
The Marion Carll Famris a big noose around the Commack School District's neck!
GLENN July 31, 2012 at 03:07 PM
All the teachers and staff should give 10% of there pay to preserve the farm. It is the privilege to work in Commack and make the big check. So if they care about the kids they will do it. Stop being so selfish and give back.
GLENN July 31, 2012 at 03:10 PM
If 85% of the budget didn't go to teachers,over staff all the consultants, and all the many, many assistant superintend and then the top super, we would have plenty to go around! Commack makes new position titles every year to accommodate family and friends.
pbug56 July 31, 2012 at 11:24 PM
The money wasted on the useless superintendent alone would go a long way to fix the place. And there is no way the district should be able to sell off the property just to waste the proceeds; it should go to some entity that would preserve it and appropriately use it.
GLENN August 01, 2012 at 12:50 AM
Even a community farm would be great. The rent could cover the farm cost.
* August 04, 2013 at 11:33 PM
ORGANIC FARMING AND EDUCATIONAL DEVELOPMENT FROM GRADES K TO 12. IT'S A NO BRAINER THE COMMACK SCHOOL DISTRICT CAN BE THE FIRST DISTRICT WITH ORGANIC GREEN LIVING PROGRAMS FOR THEIR STUDENTS AND THE COMMUNITY!

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