Vengeful 'Grinch' Developer Trashes LES Community Garden: Lawsuit

LOWER EAST SIDE, NY — Members of a beloved community garden are suing a "Grinch-like" and "vengeful" developer for millions of dollars, claiming he's dumping hoards of trash in retaliation for former lawsuits.

The Children's Magical Garden filed lawsuit seeking at least $6 million in damages Wednesday against David Marom of The Horizon Group for leaving construction barriers filled with water and trash, destroying plants, and breaking glass candelabras used for children's theatre productions, the lawsuit says.

Garden members claim the developer's dumps are in retaliation to "a string of victories by the Garden and public backlash against David Marom's Grinch-like plan to bulldoze a children's community garden have enraged him," the lawsuit says.

"With his company, The Horizon Group, Marom has launched a campaign to destroy, harass, and intimidate those who have volunteered or assisted the Garden."

Marom responded to the lawsuit via email, telling Patch, "The allegations of the CMG are frivolous and will be vigorously contested."

But green thumbs say the summer was ruined.

"From the garbage that was dumped, we've had a horrible mosquito problem that has stopped gardeners from being able to enjoy the garden at all — especially those who have infants," said Children's Magical Garden president Kate Temple-West.

"To say there was an infestation of mosquitos on that side [of the garden] is an understatement," said Rodney Ferrer, a gardener involved in the clean-up.

Ferrer's wife was "attacked" by mosquitos and suffered welts, a fever and headache, he said.

"That was quite a hardship for all of us this summer," said Ferrer, who's four young children — from two-months-old to 13-years-old — weren't able to enjoy the garden nearly as often as usual this summer.

The Children's Magical Garden was founded and transformed by a group of community activists in 1982 after it became dumping ground for garbage and used needles, according to court papers.

The garden, which covers three lots, has been in legal battles since 2014 over the third lot, which building owners have eyed for development. Last summer, the garden cleared a hurdle in which the appellate court ruled the garden has a case for "adverse possession"of the land, often called "squatter's rights."

The Garden said in the lawsuit it "has been forced" to sue because of the "deliberate and viscous attacks" on two lots technically owned by the Parks Department, records show.

The lawsuit comes after gardeners were outraged to find plantings cut down in April.

Temple-West added that nature programming for kids and an annual peach festival had to be scaled back or canceled.

Instead of fundraising or running children's programming, she spent volunteer time organizing garbage removal, Lower East Sider Temple-West said.

"It was exhausting and demoralizing for me personally," she said. It was "a really truly herculean effort."