Homer Dollar General lawsuit dropped

The village of Homer on Rt. 281, the area where the formerly proposed Dollar General store would have been located. (Photo Source: Kevin L. Smith)

A lawsuit levied against the village of Homer and the village’s planning board by a local developer that sought to bring a Dollar General store to the village was discontinued at the end of February by State Supreme Court Judge Mark Masler.

The lawsuit, filed May 17 by Homer DG LLC legal representatives from Coughlin & Gerhart, LLC, sought to strike down the planning board’s decision to deny a site plan application to the applicant on the grounds that the denial of the permit was unlawful. 

Homer DG LLC developers wanted to install a new location of the popular chain in the village of Homer at 15 S. West St. Homer DG LLC did not own the entire parcel. The group’s applications for a subdivision and site plan were denied by the planning board in April last year. This is due to the board thinking the proposed entryway to the lot was too close to residential housing, according to village clerk Dan Egnor.

“The reps for Homer DG LLC said they can’t move the entrance because of the way the subdivision was drawn, but the subdivision was never approved to begin with,” Egnor said. “The planning board pushed the subdivision decision to the board of trustees, which happens sometimes when the planning board wants another arbitrator to weigh in. Homer DG LLC would  have had to subdivide it differently or buy the whole parcel.”

Homer DG LLC representatives said in the lawsuit the denial of the application was issued in “violation of lawful procedure, was affected by an error of law, and/or was arbitrary and capricious, or an abuse of the planning board’s discretion.”

Court records indicate the planning board held six meetings from September 2020 and April 2021, during which the application was reviewed. Representatives of the developer qualified the board’s decision as defying “law and logic.” They noted the board never provided a written explanation of the findings that support their decision to deny the permit. This step is a requirement by local village law, which the applicants claimed in their suit. 

Court records also noted Homer DG LLC representatives said relocating the entryway would require delivery trucks to drive through the customer parking lot. Instead, the group noted they had reached an agreement with neighboring property owners to install landscaping and fencing, which was a Cortland County Planning Board recommendation.  

On a Nov. 29 decision, Masler — who represents the state’s sixth Judicial District (including Cortland County) — did not find the village acted “with gross negligence, bad faith, or with malice in making the decision.” Masler also noted that the village is not liable to pay for Homer DG LLC’s attorney fees, as requested by the developers in the original suit. Instead, Masler said the matter should go back to the planning board to provide the written factual findings in support of their decision to deny the site permit application.

GVN LLC, the business associated with the property being discussed, eventually sold the property on Dec. 29, according to court records and the Cortland County Real Property Tax Services. The property was sold to DM3 of Cortland LLC on Dec. 29 and the deed was filed at the county clerk’s office on Dec. 30, according to the Cortland County Real Property Tax Services office.

Court records indicate the lawsuit was discontinued Feb. 24. DM3 of Cortland LLC and Homer DG LLC representatives could not be reached for comment.

Village officials said they are in full support of the eventual dismissal of the suit.

“We want to make sure we have sustained positive growth that matches what is outlined in our comprehensive plan and what the village residents want to see the village developed into,” said deputy mayor Patrick Clune.

Clune added the village is in the process of reviewing its local code.

“This situation really brought to light that you cannot have haphazard growth,” he said. “You have to make sure we are doing this right. The planning board were doing what they were supposed to be doing, looking out for the residents who were going to be right next to the proposed site plan and making sure they were being considered.”

Part of that review of local guidelines is meant to reinforce the need for the “right” type of growth. Clune said the village may look to set up a construction moratorium along the Route 281 corridor in the village to ensure proper growth.

“Mostly what we want to do is make sure what is built in Homer continues to match the aesthetic and the vibe of the village as a whole,” he said. “That is what brings people to live here, and we do not want to change it.”