The Daily Gazette - Schenectady, NY
Daily Gazette

Attempt to halt SCCC dorm project dismissed
Thursday, August 21, 2008

Text Size: A | A | A

— A lawsuit aimed at halting Schenectady County Community College’s housing project was dismissed this afternoon, clearing the way for construction to begin as soon as next month.

Disability rights advocate Jason Planck had filed a lawsuit in state Supreme Court challenging the city Planning Commission’s approval of a 105,000-square-foot, 313-room dormitory on Railroad Avenue, across from the college. Columbia Development and BBL Construction are handling the project.

Planck had alleged the city had failed to post the meeting properly and the approval should therefore be voided.

Both sides met in court for a hearing before Judge Barry Kramer.

Planck said the city had posted the notice on a bulletin board inside City Hall. However, he said it is at the far end of the hallway facing away from the elevator, so a disabled person using the elevator would not be able to see it.

“This sign is posted in a direction where it is not accessible to a person with disabilities,” he said.

Deputy Corporation Counsel John Polster said the meeting was properly posted.

The area where that bulletin board is is fully accessible,” he said.

Polster requested an immediate dismissal with prejudice, so as not to delay the project.

“This is holding up a multimillion dollar project. Depending on how long it’s held up, it may kill it,” he said.

Following a 10-minute recess, Kramer ruled the city had followed all proper procedures, ading that other issues Planck raised were not relevant.

Joe Stellato of Columbia Development said the developer has to obtain permits from the city and sell bonds to raise money for the project. He hoped that would happen as soon as possible, but could not give an exact time frame.

SCCC President Gabriel Basil said he was pleased with the outcome.

“The fact that it was dismissed is good news. Everything should be in order and ready to proceed,” he said.



Share story:   print   email +digg
+fark
+reddit
+facebook
+del.icio.us
+stumbleupon

comments


Post a comment
(Requires free registration.)

In Today's Gazette...
December 2, 2008

Poll
How do you expect your holiday shopping habits to change this year?







See the results


Services



Ask A Doctor