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Supreme Court Justice Joan Lefkowitz said the Gedney Association failed to prove that the City of White Plains and its Common Council failed to follow legal procedure when they approved the FASNY plan, nor that a covenant on the 129-acre property prohibited construction of an educational facility.
FASNY originally planned a larger pre-kindergarten through 12th grade school on the property, but reduced its size to 27 acres of the site, and would set aside 51 acres as a public park, as reported here by Daily Voice.
"The 1925 deed and the restrictive covenant do not prohibit the use of the premises for an educational institution or a school," the judge wrote in a 26-page ruling.
Under the latest plan, a school for grades six through 12 would be built on the developed portion of the site where the clubhouse and other facilities exist.
FASNY's original $60 million plan would have consolidated its schools in Scarsdale, Larchmont and Mamaroneck on the 131-acre site of the former golf course and country club.
FASNY reduced the size of the public nature park from 78. The plan also includes a greenhouse, gymnasium, performing arts center and athletic fields.
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