A Nassau County Supreme Court Justice has ruled that the method employed by the Village of Garden City’s Recreation Commission to determine basketball playing times at St. Paul’s Field house was “fair and rational and served the interests of the residents of the Village.”

For more than 15 years, the Garden City Athletic Association has been utilizing the field house for its basketball programs, which run from early December through early March. In 2006, a separate group known as Garden City Basketball, Inc. formed and requested use of the building.

Kevin Ocker, chairman of the Garden City Commissioners of Cultural and Recreational Affairs, utilized the guidelines adopted by the Recreation Commission in 2003, which provided the methodology for determining the size of the time slots to be allotted to organizations, but not the actual times. The times were divided into Saturday morning and afternoon slots. Ocker flipped a coin to determine which group would get the coveted morning position that year, with the understanding by all parties that the following year the groups would rotate the time.

“Here, regardless that a coin flip was used to decide which group would be awarded the early morning block of time, the fact that the programs were then rotated on an annual basis, was, this court finds, a rational approach to a difficult problem-too many children and not enough court time,” said Hon. Arthur M. Diamond in his Dec. 2nd decision.

The groups rotated until this year, when Garden City Basketball representatives were due to play in the afternoon but requested the morning time slot. Their request for the morning was denied.

Some attempts at a resolution were made; the GCB asked the GCAA to consider using the building from 8 a.m. to noon, and then from 4 p.m. to 7:30 p.m. so the GCB could use the building from noon to 4 p.m. However, the GCAA considered the idea but ultimately determined that it would be too much of an inconvenience to the coaches to have a four-hour break.

When a compromise could not be reached, the GCB filed a legal proceeding seeking to prevent the Village from implementing the use permit to the GCAA for the morning. They asked the Court to instead order the Village to assign the morning time, or noon to 4 p.m. time slot, to GCB.

They contended that the grant of the later starting time was “arbitrary and capricious” and should be overturned by the Court. Attorneys for the organization claimed the guidelines stipulate that the Village must review the applications annually and decide what would be in the best interest of residents.

The GCB contended that the 4 p.m. to 7:30 p.m. time slot would “kill” their program. They also said it would be dangerous to its young participants. Justice Diamond did not agree; in his decision he argues that both groups have participants younger than high school age, and all are transported to and from the field house by parents.

The court ruled that their claim that the time slot would “kill” their program to be conclusory. Village attorneys contended that the GCB actually saw an enrollment decline in 2008 when they had the earlier time slot. This year, enrollment is at 311, according to court papers.

Tom Granville, GCAA’s basketball director, said the group will continue to utilize the field house this season from 8 a.m. to 4 p.m. There are more than 800 children in the basketball program, which includes 56 intramural teams.

“This was actually a proceeding and not a lawsuit,” he told The Garden City News. “Nevertheless, GCAA was disappointed such an action was filed and GCAA was named as a respondent. GCAA, however, was confident the Village and GCAA would prevail based upon the lack of merit of GCB’s case. It was also unfortunate the Village of Garden City had to spend taxpayer money to respond to a meritless and frivolous proceeding.”

John Skramko, president of Garden City Basketball, Inc., did not return a call for comment.