Wayne Post
  • Canandaigua lakefront eminent domain decision expected in December

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  • CANANDAIGUA — A decision in a case to determine whether Dan Homik — a former Lakeshore Drive property owner — received just compensation following the city of Canandaigua’s 2009 decision to use eminent domain to acquire his land will be made by mid-December, Ontario County Judge William Kocher said in a phone message.
    Both parties, the city and Homik, handed in proposed findings — closing arguments from the trial earlier this year — Oct. 16, Kocher said. They were given until Oct. 1 — a date that was already pushed back several times — but the two parties were then granted two additional weeks, Kocher added.
    According to Kocher, he is under a 60-day rule — beginning at Oct. 16 — to make a ruling on the case. That puts the maximum date for a ruling around Sunday, Dec. 15.
    “I may be taking the 60 days [to make a ruling],” Kocher said.
    The lawsuit is to determine whether the $1.7 million Homik received from the city’s use of eminent domain on his 5.4-acre property at 215 Lakeshore Drive was just compensation. Eminent domain is the right of a government to take private property for public use, with compensation.
    Homik received the $1.7 million in 2010 and the property was later split up and attached to a nearby existing property, which will be used for a proposed hotel and conference center, owned by David Genecco, of Canandaigua. Genecco acquired 3.4 acres of the 5.4 acres ceased from Homik for $1.7 million, shortly after the city’s use of eminent domain.
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