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Published: April 03, 2007 08:03 pm
LEWISTON: Parties unsure if settlement is possible in apartment complex lawsuit
Village, developer have yet to square off in State Supreme Court
By Aaron Besecker/beseckera@gnnewspaper.com
Niagara Gazette
Both sides of a lawsuit surrounding a controversial apartment expansion proposal are saying they prefer to settle the case out of court.
But, at this point, neither side knows if that’s possible.
Originally slated to be taken up in State Supreme Court in February, Lewiston Management Group’s suit against the village of Lewiston Zoning Board of Appeals has been adjourned twice due to scheduling conflicts.
While the case has yet to come before a judge, Lewiston Mayor Richard Soluri said village officials would love to resolve the dispute without having a court decide the matter.
“However, there’s so many issues involved, I’m not certain whether it can be,” Soluri said.
A proposal to add 12 units to an existing 30-unit complex at South Seventh and Seneca streets failed to receive required approvals from the village Zoning Board of Appeals in December.
Apartment owners from Lewiston Management Group filed a suit in January alleging the village did not follow proper procedure in its consideration of a dozen variance requests.
Many neighbors to the proposed expansion opposed the project because of various concerns including parking, traffic, greenspace and noise.
Scheduled court appearances of Feb. 22 and March 8 were each postponed. The matter is again scheduled to appear before State Supreme Court Justice Richard Kloch later this month.
Settlement talks have yet to begin in the matter, according to both parties.
James Roscetti, a Niagara Falls attorney, has been hired to represent the village.
Roscetti said he expects both sides would rather make their own decision, rather than be handed a resolution from a judge.
“Any time you can settle something and its a win-win, then that’s the way to go,” he said.
On Feb. 5, the village Board of Trustees approved an initial payment of $4,500 to Roscetti for his work on the case.
Jeff Williams, who co-owns the Village Cove/Brockway Apartments with his brother Jerry Williams, said he is unsure about the prospects of a settlement. That possibility will have to be discussed between each side’s attorneys, said Williams, who expressed disappointment the matter had to be taken to court.
“I didn’t want to sue the village in the first place,” he said.
Michael Dowd, Williams’ attorney, could not be reached for comment on Tuesday.
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