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Webb House tangled in suit

by Anne Gleason / The Citizen

Tuesday, July 4, 2006 12:00 AM EDT

The Webb House has been situated on steel beams along Aurora's Main Street for more than two years, and - thanks to a lawsuit filed in June - it'll remain there a little longer. But that hasn't stopped the village from moving forward to find the house a permanent home.
In early June, the Aurora planning board approved a demolition permit for the Lake House, which is where applicants Cynthia Koepp and John Place intend to relocate the Webb House. The approval is contingent on Koepp and Place purchasing the Webb House from its current owner, the Aurora Foundation.

The next step would be the approval of final site plans to actually re-sit the Webb House at the new location at 327 Main St., owned by Wells College.

However, Susanne Holland filed a lawsuit in state Supreme Court of Cayuga County against the Aurora Foundation, Wells College and Koepp and Place. In the lawsuit, Holland claims that when the Aurora Foundation purchased the Webb House from the Holland family in 2003, the foundation did so under the agreement that the Webb House would be moved by barge to a location “where it would not encroach upon, be within the line of sight of, or interfere with the view from” the Holland's new home at 323 Main St.

The Webb House used to sit at 323 Main St. In 2003, when the Hollands intended to demolish the house to build the family's new home, Pleasant Rowland and the Aurora Foundation purchased the historic property to save it from demolition and intended to find the Webb House a new location, which still has yet to be finalized. The Lake House location is within view of the Holland's new home.

Village attorney Andrew Fusco said since the village is not a party in the lawsuit, the planning board is not impacted one way or the other from taking further actions.

“Whether the village gives approval or disapproval would go on accordingly,” Fusco said. “I'm aware that there is litigation. I don't think that changes our point of view.”

Fusco did say, however, that any approval given by the planning board to applications filed by Koepp and Place will continue to be contingent on the two finalizing the purchase of the Webb House property.

The lawsuit contends that the Aurora Foundation is in breach of the initial agreement in 2003 to move the Webb House out of sight of the Holland family's new home. If the agreement is not adhered to, Holland contends the foundation should not be permitted to sell the Webb House to Koepp or Place unless Koepp and Place have plans to move the house away by barge.

If the house is not moved away, by either the foundation or by Koepp and Place, assuming they become the new owners, the lawsuit contends the house should be demolished.

Laura Holland, who lives in Holland's new home at 323 Main St., said the family wants Pleasant Rowland and the Aurora Foundation to adhere to the original agreement.

“Pleasant Rowland came to us with one suggestion and that was that she move the house away by barge,” Laura Holland said. “And that is what we expect her to do.”

Holland referred any further response to a statement she read during a public meeting, when she said, “Had we known that (Rowland) would ultimately attempt to permanently relocate it at 327 Main Street, we would never have accommodated her wish to buy our house. We had our demolition permit in hand, and in hindsight, we wish we had used it.”

Catherine Waller, executive director of the Aurora Foundation, said she would reserve any comments on the lawsuit for the court proceedings.

As for actions by the village planning board, should the board receive final site plans regarding the relocation of the Webb House to the Lake House property, Fusco said the board would proceed in reviewing and approving or disapproving the plan.

Any approval will continue to be contingent on ownership by the applicants, however. Thus, until the issue of ownership is finalized, which is complicated by the lawsuit, no physical actions can be taken and the Webb House will continue to sit in limbo.

“There was not yet a written contract between the Foundation and Mr. Place and Ms. Koepp,” Fusco said. “We want to know that the handshake deal is a written deal before we proceed with tearing anything down or moving anything.”

Staff writer Anne Gleason can be reached at 253-5311 ext. 248 or at anne.gleason@lee.net.

The Citizens' Say

There are 2 comment(s)

Jim Lehman wrote on Jul 8, 2006 7:47 PM:

" While free speech is a hallmark of our Democracy, free speech does not protect someone screaming "Fire!" in a theater, for example. Nor should it condone threats of arson made in a public forum, in my opinion. As someone about to join the Aurora community this note, like some others that appear to be motivated in part by hate, has caused my wife and I to wonder -- have we made the right decision to move to Aurora? The broader issue is this, however: While I support and applaud "The Citizen" for giving its readers an opportunity to post their comments, anonymous posts do not serve the greater good. For example, citizen comments at public meetings are not delivered in cognito. Similarly, public decorum and accountability suggests a new policy that requires individuals who want to view their opinions to use their own (verifiable) name so that readers are able to judge the context and merit of the comments posted. "

Justa Zumed wrote on Jul 5, 2006 8:24 AM:

" iT'S HARD TO STAGE A TORNADO OR AFLOOD,HOWEVER,IF SOMEONE DROPPED A MATCH,ACCIDENTALLY OF COURSE, THEN WHEN THE WHOLE TOWN WAS ASHES, THEN MS. UN PLEASANT COULD REBUILD IT IN HER OWN UN PLEASANT LIKENESS. "

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