WATKINS GLEN, N.Y. (WENY) -- Days before summer starts, the former Horseheads Brewing location remains closed in Schuyler County, missing out on the busy tourist season. This situation is currently being addressed in court.

In the fall of 2023, the Schuyler County Industrial Development Agency (IDA) issued a Request for Proposal (RFP) for a lease at Seneca Harbor Marina after Horseheads Brewing's lease expired. Five businesses submitted proposals, and a review committee scored them using a rubric with nine questions.

The committee narrowed the proposals to two finalists: Horseheads Brewing and Lucky Hare Brewing. After re-scoring, the IDA chose Lucky Hare Brewing.

In December, WENY News reported that on the first rubric, Horseheads Brewing received a score of 46.5, while Lucky Hare Brewing received 45.75. After reviewing responses to follow-up questions from the IDA, the committee re-scored the proposals, resulting in Horseheads Brewing receiving 47 and Lucky Hare Brewing 49.

Concerns arose about the transparency of the process due to the absence of public notices or meeting minutes, potentially violating New York's Open Meetings Law.

The owners of Horseheads Brewing, Lilly Brothers, LLC, have been challenging the IDA's decision to end their lease. They filed an Article 78 lawsuit in the Schuyler County Supreme Court in February, arguing that their lease agreement included a right of first refusal, giving them the first opportunity to remain on the property.

In response, the Schuyler County IDA filed a motion to dismiss, arguing that the right of first refusal was not negotiated in the lease extension as required by law. A court appearance is scheduled for May 17th in the Schuyler County Supreme Court.

On Friday, June 14th, a judge heard oral arguments from both sides and is expected to make a decision soon.

Disclosure: Horseheads Brewing and WENY-TV's parent companies are owned by the same individuals.