RYE, N.Y. -- Westchester County Board of Legislators (BOL) Chairman Ken Jenkins (D-Yonkers) recently responded to news that a judge had dismissed his lawsuit that challenged County Executive Robert Astorino's agreement to have Sustainable Playland assume management and revitalize the park.
“In asserting that the ‘management agreement’ is not a lease, the court’s decision, unfortunately, did not consider how this contract exceeds the authority of the County’s Board of Acquisition and Contract, where it was approved," Jenkins said in a statement. "“I will ask Judge Zambelli to review her decision, since the County Charter does not permit the County’s Board of Acquisition and Contract to enter into any agreements that exceed five years without approval from the Board of Legislators.”
Jenkins filed a lawsuit seeking to annul the County’s Board of Acquisition and Contract (A&C) vote to approve a ten-year “Asset Management Agreement” between the County and SPI in May.
The judge in the case said that the agreement could move forward because it was not a lease. Jenkins, however, contends that it contains many provisions typical of a lease and conferring rights well beyond those of a licensee or holder of a mere temporary privilege.