Neighbors of a proposed truck stop at Routes 17 and 60 claimed a victory Thursday, after Cattaraugus County Court Judge Larry Himelein ruled the developer cannot accept any more fill material at the site until the environmental review is complete.
Developer Jack Scalise had been putting fill material from the nearby reconstruction of Route 60 on his site until the neighbors several weeks ago won a temporary restraining order in the case brought by Moon Brook Country Club and four other residents.
Himelein heard the case when Chautauqua County Judge John Ward disqualified himself.
Buffalo attorney Arthur Giacalone represented the neighbors.
"The court agreed with us that the Planning Board did not do its job and did not look at the real environmental impact of putting huge amounts of fill on the site, and that the proposal is related to Scalise's truck stop plans and, therefore, that he cannot put fill on the site at this time," Giacalone said.
"This victory is just one battle," he added. "and now we have to focus our attention on the truck stop proposal overall, and doing what we can to persuade the Town Board that the truck stop is inappropriate for that site."
Town of Ellicott Planning Board attorney William Wright Jr. said the ruling is not as significant as it might have been a few months ago, since the Town Board has accepted both a draft environmental impact statement and a supplemental EIS.