A New York state judge has denied the request of four Commack residents to intervene in the Marion Carl Farm lawsuit on behalf of the school district.
Vito J. Cottone, Daniel Fusco, Arthur J. Reilly Sr., and James Tampellini filed a Motion to Intervene in July 2012 on the ongoing lawsuit brought forth by Carll's heirs against Commack School District for possession of the nine-acre historic farm. Carll's heirs believe the school district failed to adequately upkeep and use the property for educational and public purposes.
The four residents said that their motivation for getting involved is to see Marion Carll Farm preserved for the community. They believed the district fails to assert specific defenses of the lawsuit, particularly the statute of limitations as to whether the heirs' have a legal right to the property, after not seeking ownership of the farm for more than 20 years, according to the court records.
New York State Supreme Court judge Daniel Martin's decision has come down on the side of the school district, dismissing the residents' request to join the lawsuit.
"While the intervenors undoubtedly have a genuine concern over the outcome of this case, they have not demonstrated a real and substantial interest sufficient to support intervention," wrote Martin in his decision dated Dec. 19.
The judge also indicates that had he allowed Cottone, Fusco, Reilly and Tampellini to intervene, it could have set a precedent.
"To allow intervention in this case would permit any resident or taxpayer to intervene in an action in which the resident disagree with the legal strategy of the school district or municipality, " reads page 3 of the decision.
The heirs' lawsuit against Commack School District for possession of Marion Carll Farm is still active, and has yet to be decided.
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