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Lawsuit Filed Against Town Of Caroga Over Amusement Park Donation

The former Sherman's amusement park in Caroga Lake
Lucas Willard
/
WAMC

The donation of a former amusement park in the tiny Southern Adirondack community of Caroga is continuing to generate controversy as residents have filed a lawsuit against town leaders.

On the shore of Caroga Lake, the former Sherman’s amusement park property features a rusting Ferris wheel, a carousel and a dance hall. It was a summer destination for decades until increased competition and tougher economic times of the 70s and 80s.

After changing hands it ended up under the ownership of George Abdella in 1989, but in recent years it has struggled and mostly remained shuttered.

In December Abdella donated the property to the town, in a document signed by the town supervisor.

Under the donation agreement, the town must operate a public beach on the lakefront property. It must also preserve the property’s structures and allow the former owner access to the parcel’s sewer system. The town hopes to use the property for weddings and functions.

But this arrangement was disputed by a group of concerned citizens, who eventually submitted their own recommendations to the town board. In March, the town gave final approval to the original donation agreement.

Weeks later, a petition was filed calling for a referendum on the deal. Now, a group of 42 citizens has filed a lawsuit against the town in Fulton County Supreme Court to rescind the original agreement.

Barbara Lee, an attorney representing the group and a former member of the committee that had submitted recommendations to the town board, says the lawsuit alleges town supervisor Ralph Ottuso did not have the authority to accept the original donation agreement.

“We also alleged that the town supervisor and the town council members acted in an arbitrary and capricious manner in that they accepted that donation with knowing little or nothing about what they were getting and without knowing much of anything at all about the ramifications of the acceptance of this property to the town and the townspeople.”

Reached by telephone Wednesday, Ottuso said he had not seen the petition and would not speak on tape.

The state comptroller’s office confirmed to WAMC that it was auditing the Town of Caroga.

In addition, the Adirondack Park Agency sent a letter to Ottuso and Abdella claiming that the portion of land donated contains wetlands and was donated without a proper permit.

Ottuso stated that he had not seen the letter but planned to meet with the APA over the issue. The APA said it couldn’t comment on a pending matter.

Abdella said he had sent a response to the APA Wednesday morning.

“I told them I’d be happy to meet with them. I’d like to see the section of law that they are referring to.”

Abdella said the donation was conducted properly and that the original agreement was drawn up by the county planning commission. He said the controversy surrounding the donation among town residents is “unexplainable.”

“It’s hard to imagine that people can do something against the interests of the town, but they must have an agenda of some kind.”

Lee says the community members are not against the donation itself, but rather the potential ramifications of the agreement.

“If they decided to vote to rescind their own resolution and start from square one, I think that that would make things much easier.”

In May, the Caroga town board will have the opportunity to set a date for the referendum called for by petitioners.

Lucas Willard is a reporter and host at WAMC Northeast Public Radio, which he joined in 2011.
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