MONTVALE—A Superior Court hearing on Dec. 8 before Judge Gregg Padovano will likely determine whether D’Agostino Landscaping of West Nyack was properly awarded a 20-year lease for the former 8.4-acre DePiero Farm property off Craig Road.
It was not clear whether the judge would decide the matter following oral arguments on Dec. 8, but attorneys told Pascack Press a decision was expected then or within days.
A complaint was filed Oct. 30 by Demarest Farm & Orchard LLC of Hillsdale, two days after the lease bid was awarded to D’Agostino Landscaping.
D’Agostino bid $43,200 for the annual lease; the two other bidders — Demarest Farm and Matthew Worgul/Matthew Epstein — each submitted bids of $12,000 yearly.
As of Tuesday, Dec. 2, attorneys for D’Agostino Landscaping and for Montvale had filed responses to the complaint, which seeks to disqualify D’Agostino and another bidder, alleging they did not operate a farm within 10 miles of the DePiero property and lacked experience as farm operators.
Attorney Michael Burke, of Hodges Walsh & Burke LLP, White Plains, submitted a deposition from Craig DePiero, a former owner of DePiero Farms, supporting the lease award to D’Agostino Landscaping. Burke represents D’Agostino in the case. The deposition states that for more than 10 years, DePiero Farms and D’Agostino Landscaping “entered into a joint venture to grow and cultivate agricultural and horticultural products” at the DePiero Farm. DePiero asserts that D’Agostino is “uniquely experienced” to continue operating the DePiero greenhouses “for the public benefit” and will be “an excellent tenant” for Montvale.
In addition, Borough Attorney David Lafferty submitted a certification from Administrator Joseph Voytus noting that D’Agostino Landscaping had previously worked with DePiero Farms and met the qualifications required in the lease bid.
Before the Dec. 8 hearing, Demarest Farm & Orchard’s attorney was expected to file a response to the two replies supporting the award to D’Agostino.
The initial 106-page civil complaint was filed two days after the council awarded the 20-year lease. It can be found on New Jersey eCourts under docket number BER-L-007274-25.
Following bid solicitations, on Oct. 28 the Borough Council awarded the lease on the 8.4-acre property to D’Agostino for $43,200 yearly, with 2% annual increases over the lease term. The other two bidders — Demarest Farm & Orchard and the team of Epstein and Worgul — each submitted bids of $12,000 yearly. Bid specifications require a 2% yearly increase.