New restraining order in the works for Hyatt Place project - The Buffalo News

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New restraining order in the works for Hyatt Place project

Site work has continued uninterrupted for the controversial Hyatt Place in Snyder because the temporary restraining order granted recently by a State Supreme Court justice had not been signed.

The order, which Justice John L. Michalski issued last Wednesday, was to stop site-clearing and foundation work at the Main Street site of Iskalo Development’s proposed six-story hotel until further court proceedings scheduled for August. Residents are seeking to set aside approvals granted by the town’s Planning Board and Zoning Board of Appeals for the $15 million project.

But since last Wednesday, residents have been hearing chain saws and watching the arrival and departure of concrete company trucks.

Attorneys for Iskalo and the Livingston Parkway residents were back in court Tuesday.

The judge apparently was waiting for the residents’ attorneys to file a motion for a preliminary injunction before issuing the temporary restraining order. The judge also said he had wanted attorneys from both sides to work together on wording the restraining order.

“There’s been a verbal order of the court; there’s no signed order,” Michalski said Wednesday. “I said I wouldn’t sign an order until we had this proceeding today.”

Pointing to the work that has already been done and continues, Richard G. Berger, attorney for the residents, said: “We are only asking that during the pendency of this proceeding, there be restraint upon further construction.”

“The purpose of the (restraining order) is to stop activities ... that would irreparably harm the plaintiffs,” Berger said.

Sean Hopkins, one of the attorneys representing the developer, did most of the arguing against the temporary restraining order and preliminary injunction. He offered a stipulation, effective through Sept. 30, under which the developer would agree not to remove any more vegetation and to limit construction of the actual building to a single story.

Even a brief work stoppage would cost the developer more than $30,000 a day, Hopkins said.

The judge reserved decision Tuesday on the motion for the preliminary injunction.

Michalski granted a temporary restraining order to incorporate stipulations proposed by the developer’s attorney.

“Any work above and beyond that will be prohibited,” the judge said.

The attorneys for both sides immediately got to work to craft that document.


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