Judge rules Freeport village owns Cleveland Avenue Field, now being used by school district

A Nassau Supreme Court justice ruled Wednesday that the Village of Freeport owns an athletic field that has been in longtime use by the Freeport school district.

The ruling comes amid litigation between the village and the school district over what to do with the nine-acre Cleveland Avenue Field being used since 1949 as a practice field for Freeport students playing football, baseball, soccer and lacrosse. Village officials, three years ago, proposed selling the field, which the district had claimed it had access to under an easement. 

The village wanted to sell the field for $49 million to a California warehouse developer, along with a neighboring property, as part of a land swap in which students would be relocated to nearby Cow Meadow Park once new turf athletic fields were built there.

The decision Wednesday by state Supreme Court Justice Francis Ricigliano clarifies the ownership of the field between Sunrise Highway and Merrick Road but does not award any damages.

The judge’s ruling, which was sought by the village, found that the school district does not have an easement right to the property but is instead subject to a license from the village.

"The legislature has never authorized the conveyance of an easement ... to the district, a grant which, if existed, would give the district an interest in the land and result in an alienation," Ricigliano wrote in his decision, noting development was not permitted under a parkland designation. "The only way to interpret the grant is as a license to use the property."

School district officials could not be reached for comment. John Gross, an attorney representing the district, said he had not met with officials to discuss the ruling or whether to appeal.

Mayor Robert Kennedy said the village had no plans to revoke the school district’s license.

"There are no plans for that field, other than athletics," Freeport Mayor Robert Kennedy said. "We’re not going to kick the kids off the field.

But he said the initial plan to develop the property would have allowed the village to provide tax relief by adding housing, commercial development or the option to preserve the land as a public park.

However, the only way for the village to develop the field would be through legislation to remove the parkland easement, which in some records has been in place since 1926. Gov. Kathy Hochul vetoed a bill in 2022 that would have removed that easement.

The village sold the neighboring six-acre property of the former Moxey Rigby Housing Complex, where developers are building 200 apartments including affordable housing.

The recent decision stems from a 2021 lawsuit filed by the village seeking ownership of the field and damages for lost development revenue. One cause of action in the suit, seeking $45 million in damages, was dismissed.

Last year, the village had also filed a separate $50 million notice of claim against the district, claiming a civil RICO case against the district and naming several school board members. The claim, which can be filed as a precursor to a lawsuit against a municipality, was served to the district, but no suit has been filed.

The notice of claim argued that the school district and board members conspired to block development at the Cleveland Avenue Field and interfered with business contracts.

Kennedy and village officials said there were no plans to pursue that lawsuit but wanted the ruling to determine ownership. "Clearly the court decided for the village and the license can be terminated," Village Attorney Howard Colton said. "The village all along said the school district’s interest was a license and we are pleased with the judge’s ruling."

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.