|
Published: May 04, 2009 06:48 pm
DEVELOPMENT: Zoning suit against McDonald’s reinstated
Lockport Union-Sun & Journal
TOWN OF LOCKPORT — A Hamm Road homeowner’s lawsuit against the town and McDonald’s restaurant has been reinstated.
The appellate division of State Supreme Court ruled last week the suit by Brian and Bruce Yaeger, challenging the planning and zoning approvals granted McDonald’s to site a new restaurant on South Transit Road at Hamm Road, was dismissed erroneously by Justice Frank Caruso in October 2007.
The ruling means the suit “just comes back,” Town Attorney Daniel E. Seaman said Monday. “It’s essentially like starting over.”
The Yaeger brothers, owners of residential-commercial lot 6220 Hamm Road, just east of the McDonald’s lot, claimed the McDonald’s site plan effectively ruined the future commercial appeal of their property. In public hearings preceding the planning and zoning approvals, Brian Yaeger said he wanted the option of his lot and McDonalds’ lot being connected but the approved site plan made that impossible.
Zoning laws require internal, off-street access between adjoining commercial properties but the town did not require McDonald’s to facilitate connectivity. The Yaegers’ suit thus sought to have the town approvals nullified.
Caruso dismissed the suit on a technicality argued by McDonald’s: the Yaegers did not name Dave Licata, the then-owner of the McDonald’s lot, as a defendant.
The four-judge appellate panel ruled unanimously that Caruso should have summoned Licata to proceedings, not dismissed the suit without hearing the Yaegers’ complaints. McDonald’s has since acquired the property so Licata no longer is a party to the suit, the panel noted. The restaurant was built and is operating on the site.
The Yaeger brothers declined to comment on the ruling Monday.
|
|
|
|
 |
INSURANCE - CSR with Personal Lines exp., for Lockport area. $25,000 salary. 433-7504...>MORE
Health Care
Health Care. ENVIRONMENTAL SERVICES/LAUNDRY SUPERVISORS. Excellent full-time day and evening opportunities. Experienced,...>MORE
BILINGUAL PHONE INTERVIEWER
Bilingual Telephone interviewer. Surveys for insurance policy review. Spanish/English a Must. ft/pt & Sat. No sales/coll...>MORE
RN
JOB FAIR!!
Thurs., Nov 19, 2009, 11:00-5:00
RECRUITING FOR
FT Physical Therapist
RN’s
LPN’s
...>MORE
Driver
DRIVERS – CDL A
TEAM DRIVERS NEEDED FOR
DEDICATED RUNS
No touch freight............Good miles
...>MORE
DRIVER
Driver, light pick up & delivery, need own car, no WNY, valid NYS driver lic., good pay 694-1251...>MORE
Mechanic
MECHANIC: Truck trailer, FT, full benefits. Competitive wages. Contact 875-4980; fax 875-8108...>MORE
Coach, Women's Lacrosse
COACH, WOMEN’S LACROSSE - Niagara County Community College is seeking a head coach and an assistant head coach for the w...>MORE
Driver
DRIVERS – CDL A
TEAM DRIVERS NEEDED FOR
DEDICATED RUNS
No touch freight............Good miles
...>MORE
Auto detailer
Auto Detailer full time, exp. pref. Apply at David Chevy Buick Pontiac, 10225 Nia Falls Blvd. or 298-9700 ask for Frank....>MORE
See all ads |
VW 2001 Beetle
VW 2001 Beetle, loaded, GLX turbo, exc. cond, all service records, fun to drive, blue bk $5600, take best offer, 990-06...>MORE
Ford 1998 F150
FORD 1998 F150, standard cab, 4wd, excellent shape, $3495.
716-525-2889...>MORE
Yamaha 1982, 750
YAMAHA 1982, 750, runs perfect,
low mileage, $895.
716-525-2889...>MORE
Junior Accountant
Auto Detailer full time, exp. pref. Apply at David Chevy Buick Pontiac, 10225 Nia Falls Blvd. or 298-9700 ask for Frank....>MORE
1996 Ford Escort
FORD 1996 Escort 4 cyl, 2 dr, exc cond in & out, no rust, 1 owner, only 61k orig mi, $2195. 523-7102...>MORE
1999 Dodge Caravan
DODGE 1999 Caravan, 33, V6, auto, A/C, 99k miles, good cond., runs great. $1950. 525-7796...>MORE
Monte Carlo Z24 1998
MONTE CARLO Z24, 1998, runs good, average miles, excellent shape, $1800 , 990-2303...>MORE
Ford 1999 Windstar
FORD 1999 WIndstar, LX, fully loaded, 38k miles, $3850. Excellent condition 860-4747...>MORE
Dodge 1993 Dakota 4x4
FORD 1999 WIndstar, LX, fully loaded, 38k miles, $3850. Excellent condition 860-4747...>MORE
Ford 2001 Taurus
Ford 2001 Taurus Station wagon, well maintained, 112,000 miles Siver ext. 4 dr, auto, asking $2800/BO. 716-772-2454....>MORE
See all ads |
|
See all ads |
|
 |
|
Print this story
E-mail this story
