MONTVALE—A Superior Court judge on Dec. 22 denied a legal challenge by Demarest Farm & Orchard, Hillsdale, seeking to block the borough’s award of a 20-year lease for the former DePiero Farm property to D’Agostino Landscaping, of West Nyack, N.Y.
Judge Gregg Padovano “denied and dismissed” the complaint filed by Demarest Farm’s attorneys from Connell Foley. The lawsuit alleged that D’Agostino Landscaping did not operate a commercial retail farm within 10 miles of Montvale and lacked experience to operate a farm. The judge noted D’Agostino had a prior decade-long collaboration with DePiero Farm in growing and producing agricultural products for its commercial and retail markets.
(See “Gavel looms over Montvale’s pick for 20-year ‘DePiero’ Farm operator lease,” by Michael Olohan, Dec. 4, 2025.)
D’Agostino Landscaping bid $43,200 for an annual lease of Montvale’s 8.4-acre former DePiero farmland. Two other bidders — Demarest Farm & Orchard and Matthew Epstein and Matthew Worgul — both submitted bids of $12,000 per year. (Bidders were required under the bid specifications to increase annual lease payments by 2% each year.)
The Borough Council awarded the lease to D’Agostino on Oct. 28, and Demarest Farm & Orchard filed its legal challenge two days later. The judge heard oral arguments in the case on Dec. 11, after a Dec. 8 court hearing was postponed.
Demarest Farm’s attorneys argued that, had their client known Montvale would disregard the provision requiring bidders to operate a commercial farm within 10 miles of Montvale, Demarest would have submitted a different bid.
However, Judge Padovano found that D’Agostino “satisfied all the criteria” by identifying its off-site farming and business location within 10 miles of Montvale, as well as establishing its business relationship with DePiero Farm for 10 years prior to the recent bid.
Mayor Michael Ghassali praised Montvale’s legal victory. “After a fair and transparent process, the farm lease has been awarded by a judge to D’Agostino (Landscaping). That chapter is now behind us. What matters most moving forward is that this land remains a working farm while also creating more open green space for our residents, and a full community garden to enjoy,” said Ghassali. He said he looks forward to “the positive opportunities this brings to our community.”
Borough Attorney David Lafferty, who argued Montvale’s case in court, welcomed the decision. He told Pascack Press, “The Borough of Montvale is very grateful for Judge Padovano’s well-reasoned decision, which recognizes that the purpose of our public bidding laws is to serve the interests of taxpayers, and not the bidders. We look forward to a new beginning for the farm and many more years of continued agricultural use in Montvale.”
Lafferty also responded to Demarest Farm’s legal challenge in a Nov. 4 letter to Padovano. He noted that Demarest Farm’s lease bid of $12,000 per year “was so decidedly less than the D’Agostino bid”, or 73% less and a difference of approximately $750,000 over the 20-year lease term, that “the public interest is overwhelmingly in favor of the award and (Demarest Farm’s) attempt to upset the award should not delay performance,” Lafferty wrote.
Pascack Press asked attorneys for Demarest Farm & Orchard LLC whether an appeal is being considered and for comment on the decision, but did not immediately hear back. We’ll continue to update this story with any additional comments.