The Village of Freeport has emerged victorious in its longstanding legal dispute with the Freeport Union Free School District over Cleveland Avenue Field, with a State Supreme Cåurt ruling on Oct. 23 that the school district’s rights to use the field are limited to a revocable license, not a permanent easement, as the district previously argued.
This decision follows nearly three years of litigation, and efforts by the village to relocate school athletics to an upgraded facility in Cow Meadow Park, which the district has consistently resisted.
“We tried everything we could to work with the district,” Mayor Robert Kennedy said, emphasizing the village’s offer to improve Cow Meadow Park with new artificial-turf fields, locker rooms and other facilities.
“They do not have an easement on the property,” Kennedy added of the school district. “The village has a license agreement that’s valid, which is what the judge said — what we said originally.”
The ruling, affirming the village’s authority over Cleveland Avenue Field, potentially allows it to move forward with development plans that the village says could reduce taxes and produce other economic benefits for village residents.
The legal disagreement grew out of a 1949 easement granted to the school district for the use of the field for athletics, which the district argued was a perpetual right.
Village Attorney Howard Colton clarified that the field remains designated as parkland, and is protected under state law from permanent “alienation” — a change of use — without legislative action.
“The court came back saying, simply, this is a license,” Colton explained. “And a license, by its very nature, means that it could be terminated at will by an individual that owns the license. The village owns the license.”
The school district and local residents have in the past voiced concerns about relocating activities from Cleveland Avenue to Cow Meadow Park, which is about a mile and a half away. The district maintains that Cleveland Avenue’s location and accessibility are critical for students.
But Kennedy countered that Cow Meadow Park offers benefits including ample parking, updated facilities and a safer layout, without nearby traffic. “We have parking,” he said. “You’re not dealing with a street where kids are crossing a street like Cleveland Avenue.”
Kennedy reaffirmed the village’s commitment to finding a resolution with the school district, and underscored that the village does not intend to immediately terminate the district’s access to the Cleveland Avenue Field.
“We’re not going to kick the students off the field,” the mayor said. “Absolutely not. We still very much want to resolve this in a way that is advantageous to everyone.”
The district may consider appealing the court’s ruling. “The (school) board has scheduled the formal vote for authorization for appeal for its next board meeting (at) the beginning of November,” John Gross, the school district’s attorney, said. “The board is considering it … but is favorably disposed to appeal.”
While the legal battle may continue, Kennedy said, “Freeport would like to continue discussions with the school district in the hope of coming to an agreement that’s beneficial to all.”
