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A local developer has sued the Village Board over its resistance to his plans for a car wash on Center Street.

The board was scheduled to hold a public hearing on the proposed car wash at 860 Center St., but Village Attorney Paul A. Grenga suggested that the board halt it because of the threat of litigation.

Developer Emery J. Simon of Center Street said that, so far, he has invested a little more than $200,000 in the property. "It was expected," he said of the delay. "They've been stalling the process over the last two years."

After people who showed up to speak during the short-lived public hearing said that the property was filled with unwanted debris, Simon said that this was because the village halted his crews from cleaning up the area and planting trees about four months ago.

However, he said, he has plans to meet with the village engineer, the building inspector and the superintendent of public works in an effort to make it more aesthetically pleasing.

Simon brought in his attorney, Jill L. Yonkers, who told the board that Simon has already received approval from the Planning Commission and the Zoning Board of Appeals for a four-bay car wash. However, Simon has plans to build a five-bay car wash.

Simon compared the relatively easy approval of a similar car wash at Ninth and Cayuga streets in June with his own efforts at gaining approvals. He added that his Stop & Wash would be similar to the one approved.

Yonkers said the suit will be before State Supreme Court Justice Amy J. Fricano, and Mayor Richard F. Soluri said that an Oct. 3 court date has been set.

Even though the public hearing was halted, the board allowed the public to speak up on the matter during another portion of the meeting. Camille Heim of Plain Street said, "I'm in favor of a car wash, . . . but I think its poor judgment on the developer in choosing that particular site."

Other speakers echoed her remarks, saying that Center Street is already becoming difficult to navigate in spots and that Simon should have chosen another street to locate the business.

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