DUNKIRK – Lawyers for a Dunkirk driving range and the property owner who owns the range’s driveway have until the end of July to come to an agreement before court proceedings in the matter begin.

Attorneys for Box Monkey Enterprises, the company owned by Roger Britz that owns the Boneyard Driving Range, filed a lawsuit in state Supreme Court in late June. A hearing in the case had been scheduled for Aug. 5, but attorney Nicole A. Mastrocinque, the attorney representing Britz, said in a recent court filing the parties had agreed to a 30-day extension that preserves the status quo for the driving range in an attempt to resolve the dispute amicably.

In an affirmation filed June 30, Britz testified that the driving range is landlocked on all sides by wetlands, residential properties and the state Thruway, leaving it with no direct access to a road. In the spring of 2011, Richard Killberg, the driving range’s prior owner, extended an existing driveway from the driving range property to the Rotunda property to provide access to the driving range and, according to Britz, entered into an oral agreement with the co-owner of the Rotunda property allowing for use of a driveway as long as the driving range’s owners maintained the driveway.

Britz then purchased the driving range in April 2017 and, according to Britz, confirmed that agreement. That agreement was made with one of Rotunda Properties LLC’s co-owners and who has since passed away. The remaining owner, according to Britz’ affirmation, notified Britz on May 29 that the driving range would no longer be allowed to use the driveway starting July 1. That contact led Britz to file for an injunction in the state Supreme Court to continue using the driveway.

“Without the requested injunctive relief, plaintiff and its customers will be entirely cut off from the golf range, making it impossible for the plaintiff to continue operations,” Britz wrote in his affirmation.

A court schedule had been set that included filing of briefs by both parties by the end of July in advance of an August 5 Order to Show Cause hearing.