By Jason Scheer
"This is big news," said Rosalie Norton, president of the West Hempstead Civic Association (WHCA).
The town board was expected to schedule a condemnation hearing on Sept. 6. At the hearing, the board will hear from those both in favor of and against seeing the often criticized property shut down through a claim of eminent domain.
Norton said she first heard of the decision during a meeting with town Councilman Ed Ambrosino and town Attorney Tom McKevitt. She said that members of the civic association have been meeting with town representatives for many years in an effort to get the Courtesy closed down.
McKevitt explained that the Courtesy became a candidate for eminent domain proceedings after the U.S. Supreme Court's June 23 decision in Kelo et al. v City of New London, Connecticut. The court ruled that private property could be seized and redeveloped by private interests. In the past, McKevitt said, seized property could only be converted into exclusively public-use facilities.
In other words, as a result of the decision, the Courtesy could be transformed into a tax-generating property, such as an apartment complex or business, as opposed to a park or parking lot.
In addition, the decision allows for the cost of seizing the property to be incurred by a business, rather than taxpayers.
If the Town of Hempstead were to condemn the property, as it did at the equally notorious Oceanside Motel, it would cost West Hempstead residents about $10 million in additional taxes over the next 10 years.
If, at the September meeting, the town votes to approve eminent domain proceedings, that does not mean the Courtesy would immediately be closed. Instead, the town must sue the hotel's owner, Bruce Zwelsky, for the title to the property.
Town spokesman Mike Deery said that the town is confident the property will be seized. "What these court decisions usually come down to is how much money it will cost," he said.
Deery declined to outline a time frame for how long condemnation proceedings would take. However, the WHCA is already preparing for the future of the site. Norton said that the association has been soliciting input from local residents about what they would like to see take the Courtesy's place. The WHCA is exploring the possibility of mixed-use property for business and residential use, as well as mixed-use affordable housing for seniors and young people. Either way, the property would continue to bring money to the West Hempstead community, which has few revenue-generating commercial properties.
"Whatever will go there will replace the loss of revenue felt from losing the Courtesy," Norton said. "What goes in its place will generate at least the same amount [in taxes]."
Dennis Lemke, the attorney representing Zwelsky, did not return calls seeking comment. He has said in the past, however, that the Supreme Court decision would have no bearing on the future of the hotel. He said that the decision refers to closure under the public-nuisance law, not to condemnation. "She's misleading her constituents, is what she's doing," he said of Town of Hempstead Supervisor Kate Murray.
Comments about this story? JScheer@liherald.com or (516) 569-4000 ext. 234.
