The developer who sued the city and a rival over the future of a downtown parking lot slated for a new housing development and urban grocery has agreed to drop the litigation, according to documents filed in State Supreme Court in Erie County.
Signature Development Buffalo LLC's Rocco Termini sued the City of Buffalo and Ciminelli Real Estate Corp. in June, in a bid to overturn municipal approvals and block the proposed project planned for a 2.5-acre lot at 201 Ellicott St.
That's located behind Termini's Hotel@Lafayette building on Washington Street. Plans call for a 220,000-square-foot, multi-story building with 201 affordable housing units, as well as a separate 20,000-square-foot, one-story building to house a new wholesale and retail grocery operation, to be run by the owner of Braymiller Market in Hamburg.
In their lawsuit, Termini and seven other Lafayette businesses asserted the city had improperly approved the project and property sale, and alleged they would suffer significant harm and an imminent threat because of the pending loss of 375 parking spaces.
State Supreme Court Justice Emilio L. Colaiacovo in a July 3 ruling allowed the case to proceed but denied Termini's request for a preliminary injunction barring the sale of the property by the city. That cleared the way for Ciminelli to complete the $2.325-million property acquisition, as well as start work on site cleanup and construction.
The stipulation of discontinuance was signed by attorneys for the city, Ciminelli, Braymiller and Termini. Officials from all parties declined to comment.