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Maid of the Mist sees repeat in legal arguments

The Niagara Preservation Coalition is again asking a court to halt construction of the Maid of the Mist's boat dock and storage facility in the Niagara Gorge.

When a State Supreme Court judge in Niagara County lifted a temporary restraining order in April, the group asked an appeals court to take up the case, which it did not.

New court papers were filed Friday, with a court appearance scheduled for Monday.

Here's what Maid of the Mist attorney Brian D. Gwitt said in an email:

"The coalition is seeking the same relief that was already denied by both the trial court and the Appellate Division. Over one month ago, the coalition asked the Appellate Division to issue the same injunction that is now being requested and the request was denied. The coalition is now repeating the exact same arguments to the same court and we expect the exact same result - the denial of the request to enjoin the project."

Coalition attorney Linda R. Shaw sees it differently.

"The Appellate Division judge who heard the TRO allowed us to submit a formal motion for a preliminary injunction before the full court and informed us of the dates when we needed to file at the end of the TRO hearing," Shaw said in an email. "Obviously, this motion will be harder for MOTM, NYPA and Parks to defend, and they will try to use procedural issues to try to avoid answering the motion because they have now blatantly violated their own sworn commitments to preserve rather than discard ruins from the Power Plant."

 

Niagara Preservation Coalition - memorandum of law

 

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