Neighbors File Legal Challenge To Alcohol Sales At Wainwright

RYE, NY — The Stuyvesant Avenue Neighborhood Coalition announced today it has made good on a promise to take legal action against the Wainwright House.

Announcement provided by the Stuyvesant Avenue Neighborhood Coalition:

In calling upon the Wainwright House Board of Directors to comply with their deed covenants and their founder’s specific instructions for how the property will be used, a group of Wainwright House neighbors today filed a complaint with the New York State Supreme Court seeking a permanent injunction to end the Board’s disregard of specific deed covenants prohibiting alcohol sales on the property.

"Today’s legal initiative is a simple action to resolve a simple problem," stated Joe Eriole of Veneziano & Associates, an attorney for the Wainwright House neighbors. "Last spring, the Wainwright House Board of Directors and the City were publicly made aware of specific, unambiguous deed-related restrictions preventing the sale of alcohol. Despite these restrictions and their neighbors’ opposition, the Wainwright House Board continues to seek permits from the City for wedding receptions and large, commercially-catered events where alcohol is sold on the property."

According to the neighbors’ legal complaint, the Wainwright House deed prohibits the Board from using or allowing "any building on the premises to let or lease the same to be used for the purpose of selling intoxicating liquors.”

Further, the complaint notes:

"The Restriction was intentional and express in its terms; it is neither arcane nor a residual provision in an obscure instrument."

"Given that Wainwright owned both the land being retained and the encumbered land being transferred, there can be no doubt that it was a restriction meant to restrict its own behavior for the benefit of neighboring owners. Otherwise, it could simply have refrained from the behaviors as a matter of choice without making the obligation a matter of record in the chain of title."

"The Deed Restriction acts to preserve the pastoral character of the neighborhood upon which future residents of the neighborhood could rely, and with which any owner of the Wainwright Parcel would have to comply."

"Transfer was also clearly intended to ensure that the land retained by WHI in 1983 was to remain residential (as opposed to commercial) in character. In addition to prohibiting the service of alcohol, the language of the Deed Restriction also prohibits other specific types of commercial uses."

The Stuyvesant Avenue Neighborhood Coalition — a newly-formed group of Wainwright House neighbors -- is pursuing the legal action. The neighbors — some of whom have lived next to Wainwright House for decades, during a time when it was successfully fulfilling its mission prior to commercialization — strongly support Fonrose Wainwright Condict’s vision for Wainwright House as a holistic learning center for spiritual research, retreats, conferences and education.

This is contrary, the neighbors say, to the high-volume commercial venue Wainwright House became once it began its wedding business in the early 2000’s — precipitating a steep decline in its previously harmonious existence with neighbors.

About Stuyvesant Avenue Neighborhood Coalition

The Stuyvesant Avenue Neighborhood Coalition is comprised of Milton Point residents whose properties surround Wainwright House, and supports its intended mission as envisioned by its original benefactor, Fonrose Wainwright Condict. The neighbors, many of whom have lived in the neighborhood for decades — when there existed a harmonious relationship with Wainwright House — are listed in the recent public petition filings.

This press release was produced by the Stuyvesant Avenue Neighborhood Coalition. The views expressed here are the author's own.

SEE ALSO:

• Wainwright House 'Disappointed' By Neighbors' Legal Threats
• Wainwright House Neighbors Vow Legal Fight Over Large Events