Judge schedules argument in third condo lawsuit
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A third lawsuit filed by Dewittville residents seeking to stop a condominium project at Chautauqua Point will be heard by state Supreme Court Justice Grace Hanlon.
Hanlon recently ruled against the town of Chautauqua’s request for a summary dismissal of the third lawsuit after Hanlon had ruled in the town’s favor on two prior lawsuits.
Filed in May by Attorney Stephen Daly, who is representing the residents in all three cases, Chautauqua Protects alleges that the Chautauqua town Zoning Board acted in violation of lawful procedure with the way it handled its April 21, 2026, decisions regarding the maximum density requirement for Planned Unit Developments, that the zoning code's subdivision regulations were not applied to Sunset View and the board’s ruling concerning Sunset View’s public dock and the anti-funneling requirements included in Hanlon’s second ruling.
The board issued one bulk determination, while Daly argues the Zoning Board of Appeals should have issued three separate and distinct decisions on each of the challenges Chautauqua Protect raised during the April 26 meeting.
Chautauqua Protect is asking the state Supreme Court to vacate the April 21 decision denying Chautauqua Protect's interpretive appeal, declare the three Zoning Board interpretations as unlawful and to send the decisions back to the Zoning Board of Appeals for further proceedings; and to direct the Zoning Board to issue specific decisions of each interpretive ruling or render determinations supported by reasoned elaborations.
Oral arguments had been scheduled for Monday, Aug. 11, but Daly sent a letter to Hanlon on Aug. 4 saying he was waiving oral argument and asking Hanlon to decide the case based on memorandums that had been submitted by Daly and Joel Seachrist, the town's attorney, because Hanlon was familiar with all of the issues raised in the May lawsuit. Seachrist had also filed a motion asking the third lawsuit to be dismissed because it was similar to the prior lawsuits, but on Aug. 28 Hanlon ruled against the motion to dismiss.
“The (town’s) motion to dismiss must be denied,” Hanlon wrote in her decision. “The (town) argument that this court’s prior decision mandates dismissal as a matter of law is incorrect since this case involves a different administrative body, the (Zoning Board of Appeals). The court made its prior decision based on the record and must also make this decision on the full administrative record. Whether the administrative record supports the ZBA’s decisions is a question of fact, which needs to be reviewed after joinder and the production of the record …”
Both Chautauqua Protects and the town have been ordered to appear via Microsoft Teams for oral argument on Oct. 19.
At issue is a $70 million development that will include condominiums, townhouses, single family homes, and a restaurant/tap house. The development now calls for 174 residential units among the condos, townhouses and single houses. The restaurant/tap house would be open to the general public. New roads would be constructed. There would be walking trails, tennis courts, and 40 seasonal boat docks open to the public.
Residents of the Point Chautauqua area are appealing a July state Supreme Court ruling denying the residents' attempt to stop a new condominium project near Dewittville.
The notice of appeal was filed in the state Supreme Court on August 4. The case will now proceed to the Fourth Department Appellate Division in Rochester.