Judge blocks building's construction at Spring Valley condo complex pending lawsuit review

SPRING VALLEY - A lawsuit has stalled attempts to build a commercial building in the shadow of a 61-unit condominium complex on Main Street and Maple Avenue at the edge of the village's downtown.

The litigation involves the county government's authority to issue a construction permit in Spring Valley, where New York state has deputized the county government to enforce fire and safety codes. Spring Valley and the Parkview Condominiums at Maple & 45 board have challenged the county's issuance of a construction permit for a project the village says is not approved by land-use boards.

The condo board's lawsuit filed on May 2 involves Rockland County, Spring Valley, the property owner and the condominium's board of managers, which opposes the construction.

Parkview legal action: Spring Valley condo complex asks court to block construction

Parkview property owner: Developer claims he has the right to build an office building

Spring Valley: Village response to county issuing construction permit without village authorization

Judge stops construction pending review

While some work had started, New York State Supreme Court Justice Sherri Eisenpress put the brakes on the construction until she can sort out the tangled web of legal arguments. Eisenpress is the third state judge who has been involved in the litigation. Supreme Court Justice Paul Marx had ruled the village must decide on the permit issues, a decision being appealed by the village.

All sides must respond to Eisenpress by June 15.

While the debate over the use of the two building lots attached to the complex has been going on for nearly six years, the court case came alive this month after the property owner received a construction permit from the Rockland Office of Building and Codes, which oversees village zoning and inspections.

However, the village recently issued a stop-work order on May 1, arguing the property's land-use board approvals have expired and no construction is permitted.

The property owner countered that the planning approvals remain but the permit needs to be renewed. The owner also questioned in legal papers the village's authority, since Rockland has been deputized to oversee fire and safety code enforcement, zoning issues and permit issuing.

Potentially complicating the case is an earlier religious court ruling that the property owner can construct his office building. The religious court decision is not binding on the secular court.

Parkview Condominiums at Route 45 and Maple won approval for 61 units in 2010, a daycare center and a detached building on separate lots at the corner of Main Street and Maple Avenue.

The condos, completed in 2014, became part of the village's downtown attempted revitalization, an effort that involved federal money, village land purchases through eminent domain and sales to developers.

The daycare facility went elsewhere and the village approved a revised site plan in 2009 for a 7,232-square-foot commercial building next to the condo complex.

The two lots within the complex at 120 and 128 N. Main St. were bought in 2017 by Jacob Wagschal under 29 Ewing LLC, according to court papers.

He claims in court papers the original approvals included commercial development and he applied for a new permit in 2015. His court papers claim he has lost $2.5 million from property taxes, insurance, private financing, and other costs based on what he called the village's delays.

The legal papers filed by attorney Terry Rice on behalf of 29 Ewing LLC claim the Parkview managers and the village of Spring Valley "have engaged in a multi-year effort to deprive (29 Ewining LLC) of the right to develop its property, the commercial portion of the mixed-use project, according to previously granted approvals."

Spring Valley and the Parkview board of managers disagree.

Attorney Joseph Haspel, representing the condominium board, contends the development's Spring Valley approved site plan designated the commercial lots for a community center/daycare center.

The condo board opposed 29 Ewing LLC's application in February 2020 for a village building permit to construct an office building. A building department rejection is usually appealed to the Zoning Board of Appeals.

Haspel argued that a construction permit was improperly approved for 29 Ewing LLC by Rockland Office of Building & Codes Director Ed Markunas. Haspel said construction is inconsistent with the approved site plan for a community center and the director's approval of the permit violated the automatic stay pending a court review of the issues.

Haspel asked the court to annul and reverse the building permit in favor of 29 Ewining LLC issued by the county; declare Rockland lacked the authority to issue the permit; rule the two commercial lots are designated for a community center/daycare facility; and award the Parkview costs for the litigation.

Spring Valley's attorneys argued the site plan for the property has expired and the building permit issued by Markunas was illegal.

The court should declare the Building Permit was issued without any lawful authority and is void and should be revoked, the village argued in court papers.

Rockland County spokesperson Beth Cefalu said, "The county has no interest in the status of the village’s stop-work order, has no position in this and does not care how Judge Eisenpress rules on this."

She said the builder's application for a building permit was deemed appropriate.

"If someone convinces a court that was not the appropriate course of action, then the county will act in accordance with the court’s order," she said, adding the dispute seems to be between the builder and the village.

Parkview has a controversial history involving selling units and the use of federal money and alleged zoning violations. Spring Valley lifted prohibitions for religious uses at the complex and the federal government fined the owners following a complaint by the NAACP.

Prohibitions lifted: Spring Valley lifts religious prohibitions on condo complex

Spring Valley inspector: Parkview homes violate plans with religious adds

Housing complaint: NAACP, builder settle HUD housing discrimination case in Spring Valley

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal.

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This article originally appeared on Rockland/Westchester Journal News: Spring Valley condo construction stopped by judge pending suit review