The Village of Kings Point has initiated a lawsuit against the Great Neck Park District and the Town of North Hempstead, in an effort to try to prevent the park district's acquisition of the waterfront property of the former George M. Cohan estate in Kings Point. In essence, the lawsuit claims that this is an improper acquisition since Kings Point did not grant consent. While efforts to reach Kings Point's attorney were unsuccessful, it appears that Kings Point actually filed the lawsuit to protect the rights of the village.

The town, with a strong mandate from the public, recently approved the park district's plan to take the waterfront property via condemnation. The property is currently owned by a private developer, Kings Point Heights, LLC. While it is the wish of the park district to acquire the property to extend the neighboring Steppingstone Park, the developer plans to renovate the landmarked Cohan house and build four other homes on the property.

At the park district's Nov. 29 board of commissioners meeting, Board Chair Ruth Tamarin announced that the lawsuit was filed on Nov. 28. Ms. Tamarin issued the following statement: ''We are confident that we will prevail and (we are confident) of the propriety of our actions. We regret that (Kings Point) Mayor Kalnick has chosen to challenge the actions of the town board and the legal opinion of the town attorney and special counsel to the park board. Litigation is an unnecessary expense to our taxpayers, particularly where it is being brought to prevent the expansion of Steppingstone Park. In the interest of avoiding unnecessary costs and acrimony, we remain amenable to working out a municipal agreement with the village which will be satisfactory to both parties.''

Park district attorney Ivan Kline stated, ''It is our position that the park district and the town followed procedures precisely, as set forth in the statute ... and we can now go and acquire the property.'' In his opinion, the town and the park district do not need consent from Kings Point.

Town of North Hempstead Supervisor May Newburger told the Great Neck Record that she believes that the town was ''in the right'' in giving the park district the go ahead to condemn. Supervisor Newburger stated, ''I think that our attorney, Howard Miller, and the park district's attorney, Ivan Kline, were both correct; they pointed to specific points of law.'' And she added that she was ''very comfortable'' with the town board's decision, ''based on the advice of both attorneys.''

Town attorney Howard Miller said that he ''doubts'' Kings Point will be successful in the lawsuit and the town is challenging the action. ''We are still contemplating our options,'' he said. And though he sees no real impact on the town, Mr. Miller did acknowledge that the lawsuit does, of course, greatly impact the park district and its residents. The next step, according to Mr. Miller, is to answer the lawsuit.

Mr. Kline said that the action is answerable in court by Dec. 18. Arguments from both sides will be presented and the court will render a decision. ''It is also possible that this can be resolved by agreement,'' said Mr. Kline.

While Mr. Kline did state that it can be a while before this issue is settled, he also said that there are steps towards condemnation that can be undertaken by the park district in the interim, even as they await final decisions.