No deed yet
Flea market granted permit



KNOX — The new owners of the Fox Creek Flea Market got approval for a permit to legally open on the stipulation of a deed transfer, but the market’s former owner claims he hasn’t been paid — and he’s not handing over the deed until he does.

The Knox Zoning Board approved a special-use for Edward and Martha Allen to run the auction facility on 2305 Helderberg Trail in Knox.

Knox Zoning Board Chairman Earl Barcomb told The Enterprise yesterday that the Allens are in good legal standing with the town pending a deed transfer and proof of insurance.

However, the Allens do not have the deed, according to former owner Emory Henness.

The Allens could not be reached for comment.
"It kind of fell to the wayside because they didn’t furnish the right information," Barcomb said about the Allen’s original permit application. "The effective date of the permit is the effective date the deed is transferred to the Allens."

Henness says that won’t happen until he is paid.
"I’ve got a contract with them, that’s it," said Henness. "They don’t get a deed until its paid for."

As far as he knew, Barcomb said, the deed was on its way.

The flea market, in the southwest corner of Knox, just north of the hamlet of West Berne, had been run years ago by Douglas Cater, bringing hundreds of people into the hamlet every weekend. Cater, in the early 1990’s, was taken to court for illegal auction practices and was forced to shut down.

Since then, the stream of visitors slowed to a trickle. Edward Allen re-opened the flea market last year.

He was ticketed in 2005 for operating the flea market without a special-use permit; he filed for personal bankruptcy under Chapter 13 of the United States Bankruptcy Code the same year.

Mr. Allen said last year that his bankruptcy had to do with his house payments, and were no way connected to the flea market or his other businesses — the Altamont Garage and a motorcycle shop.
"I was done in 15 minutes," Mr. Allen told The Enterprise last year about his experience of getting permits for his other businesses compared to the process in Knox.

Barcomb said the reason the special-use permit was approved this year was because the Allens had a representative, Tim Fitzpatrick, of Delmar, work with the town during the permit process.

The board approved the permit by a vote of 6-0, with member Robert Simpson absent.
"They had a broker"This fellow seem to follow through and knew what was needed," said Barcomb, who added that Fitzpatrick put together all of the necessary information to grant the special-use permit.

The board had asked the Allens last year for a plot plan outlining how the site will be used including details like hours of operation and where cars would park.

The state building code requires that the flea market provide parking for 600 vehicles and seven portable toilets to meet the standard requirements.

Currently there is a contract of sale between the Allens and Henness. Barcomb told The Enterprise the board is waiting on the deed transfer, but Henness said Fitzpatrick told him the zoning board was holding up the transfer.
"I talked to [Fitzpatrick] and he said Knox was holding up the deal," said Henness. "I just figured it was not going to go through."

Henness said, in the meantime, he has had to maintain the property and is waiting to hear from the Allens.
"I got a farmer to cut down the hay to clean up the property. I’m also going to clean out the buildings," Henness said. "I’ve talked to my attorney and he said I’ve got the deed and can drop the contract at anytime"I’m going to sell it. I’ve got two reliable offers, one right in the village of Altamont."
Henness said he has not been contacted by either Knox officials or the Allens in "a long time."

Fitzpatrick did not return a call to The Enterprise before publication.
"We spelled out some requirements, and they agreed to them, and I think everything should be fine," said Knox board member, Amy Pokorny, about the Allens’ permit application.

Pokorny said she did not know of any problems with the deed transfer.
"The deed’s here. I’m waiting for the cash," said Henness. "Time is running out."