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Finger Lakes Region of Upstate New York
Romulus wins $200k against former depot business
  8/13/14 @ 9:38 am

A Geneva business and two Yates County businessmen have been found liable to the Town of Romulus for over $200,000.00 in unpaid community development funds.

On Tuesday, Acting Supreme Court Justice Dennis Bender granted a motion by the Romulus town attorney, Steven Getman, and directed summary judgment against Top Quality Hay Processers, Jeffrey Warren and Charles Long, for failure to repay a 2008 loan.

According to the town’s complaint, the loan was intended for Top Quality Hay Processors to create jobs at the former Seneca Army Depot, located in the Town of Romulus. As principals in the business, Warren and Long agreed to personally guarantee the loan, the court papers said.

However, the complaint alleged, the loan was not repaid and in 2012, the building housing Top Quality Hay Processors was condemned by Seneca County Code Enforcement. Shortly thereafter, town supervisor David Kaiser and the town board directed Getman to commence a lawsuit to recover the money.

The money was from the state government through the Small Cities Community Development Block Grant Program ("CDBG"), the complaint said. The money was not collected from Romulus town taxes, Kaiser noted.

In asking for summary judgment, Getman submitted affidavits from various town officials, including Kaiser and town board member Kyle Collinsworth, arguing that there was no defense to the lawsuit and judgment should be granted immediately without a trial.

At Tuesday’s court appearance, Bender found for the town and directed the three defendants to repay the $200.000.00, together with costs, interest and attorneys’ fees.

The town has estimated the total amount due the town at approximately $217,000.00 plus additional interest going forward.

The defendants have approximately thirty days to appeal. After that, if the judgment is not repaid, the town will begin collection efforts, Getman said. Those efforts may include seizing property, garnishing wages and other measures, he said.

According to court papers, Top Quality Hay Processors LLC has its principal offices at Cornell Agriculture & Food Tech. Pk, in Geneva, New York, and additional offices at the former Seneca Army Depot. Warren and Long, the papers allege, each reside in Penn Yan, New York.

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