On May 30, four City of Buffalo residents – Margaret Wooster, Jay Burney, Lynda K. Stephens and James E. Carr [referred to as the “Wooster Appellants”] – continued their legal battle challenging the procedures and quality of the city’s environmental review for the 23-story glass-and-steel tower proposed for the site of the former Freezer-Queen facility on Buffalo’s Outer Harbor.
As lawyer for the Wooster Appellants, I served a “Motion to Reargue” asking the Appellate Division, Fourth Department, to reconsider its May 5, 2017 “Memorandum and Order” which affirmed the lower court’s dismissal of my clients’ lawsuit. [Click here to read the Appellate Division’s decision with my “sticky notes”: Wooster-Riverkeeper Annotated 05-05-17 AD4 Decision.]
The Motion to Reargue alleges that the appellate court “overlooked or misapprehended” a number of legal and factual points when it rendered its May 5th ruling. You can read the arguments raised on behalf of the Wooster Appellants in the following document: AD4 – Wooster REARGUE Supporting Affirmation.
The Appellate Division, Fourth Department – which is the intermediate state appeals court serving the Western New York area – will rule on the motion (including whatever papers it receives on behalf of the project sponsor, Queen City Landing, LLC, and the City of Buffalo) on or after June 12, 2017.
With all due respect,