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.
Communities
LEWISTON: Parties unsure if settlement is possible in apartment complex lawsuit
Village, developer have yet to square off in State Supreme Court
- Communities
-
-
Black History Month celebrated at Mount St. Mary's
February is Black History Month, and the administration at Mount St. Mary’s Hospital took time Thursday to honor some of its employees of color and their contributions.
-
Lockport man scratches his way to $1 million
Paul Schneider had just gotten off the phone with his girlfriend when he called her back with some amazing news.
-
Help sought for Falls after-prom party
The organizers of the Niagara Falls High School Post Prom Party are looking for a few good parents.
-
State looking for good ideas on Schoellkopf Hall
The state is looking for help in restoring historic Schoellkopf Hall at DeVeaux Woods State Park.
-
Rescued pets featured on 2012 cat calendar
A dog and cat rescued by a Niagara Falls couple have are featured in a page-a-day animal calendar.
-
SLIDESHOW: Niagara Charter School
Niagara Charter School opened with an initial enrollment of 264 students in grades kindergarten through fourth. The school has added fifth and sixth grade students since then and this year has an enrollment of about 350 students. This year, staff members are preparing to prove to the State Education Department that it made the right choice in allowing them to open the doors back in 2006.
-
HYDRO to hold inaugural meeting at Giacomo Thursday
A new group called HYDRO Niagara Falls is holding its first meeting at 7:30 p.m. today at the Giacomo Hotel, 222 First St.
-
Relay For Life kicking off fourth year at Hard Rock
A celebration to kick off the fourth annual American Cancer Society Relay For Life event in Niagara Falls will be held from 5 to 7 p.m. today at the Hard Rock Cafe, 333 Prospect St.
-
‘Burning’ questions about Lewiston author's new book
Lewiston resident and accomplished author Norah Perez had a story floating around in the deep recesses of her mind. She just needed someone to take a gamble and allow her to publish it.
-
Emily Lauzonis ‘pooling’ her talents to raise funds at Lew-Port
Emily Lauzonis, a Lewiston-Porter Intermediate student, had one goal this year when it came to the Swim A Cross event which benefits the American Red Cross. She simply wanted to break her totals raised from the 2011 version.
- More Communities Headlines
-
Killer of Fla. Girl Found in Landfill Gets Life
Army Orders Bradley Manning Court-martial
Cancer Charity Revives Breast-screening Grants
Heavy Snowstorm Hits Colorado On Its Way East
2nd Teacher From LA School Arrested on Sex Claim
Prosecutors Close Armstrong Inquiry, No Charges
Sights and Sounds: Football Fans Pour Into Indy
Unemployment Rate Down to 8.3%
Obama: Still Far Too Many Americans Need Jobs
GOP: Jobs Numbers Welcome, Can Do Better
Fla. Man Adopts Girlfriend in Legal Battle
More Deaths As Egypt Clashes Continue
Raw Video: Prince William in Falklands
Egpyt Protesters Blame Police for Soccer Deaths
'Lucky' 9-Year-Old Receives 6-Organ Transplant
Raw Video: Michelle Vs. Ellen in Pushup Contest
First Person: Will Peyton Manning Stay in Indy?
Egypt Shaken After Deadly Soccer Riot
New Suits, New Starts for New York's Unemployed
Hall of Famer Dorsett Speaks Out on NFL Injuries
