Gates Tower Lawsuit Dismissed

Gates Tower Lawsuit Dismissed

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A lawsuit brought by Park Lane condo residents against Uniland's Gates Circle condo project has been dismissed.

Neighbors had sought to block construction of the 23-story luxury condominium project on environmental and technical grounds. Judge Kevin Dillon's decision was announced today.

Business First's James Fink has the news:

A potential legal hurdle that stood in the way of Uniland Development Co.'s efforts to construct a 23-story condominium tower along Gates Circle has been removed.

State Supreme Court Justice Kevin Dillon dismissed a series of motions brought before him last fall by neighbors of the $55 million project. Dillon's ruling means that Uniland can now focus on filing the necessary paperwork with the state Attorney General's office as a prelude to selling the 68 condos in the proposed building.

Construction is likely to start later this year.

"It was a very thorough decision," said Richard Moore, a partner in Magavern Magavern & Grimm LLP, Uniland's attorney. "The record clearly reflects the determinations that were made."

The Park Lane Condominiums owners' association had filed the lawsuit alleging that the Buffalo officials violated several environment review and impact mandates when the project was approved last fall.

"The review of these concerns was thorough, complete and consistent with the requirements set forth in SEQRA (a state environmental quality review)," Dillon wrote in his decision. "The court concludes that the determination of the lead agency was not made in violation of SEQRA nor was it arbitrary and capricious, nor an abuse of discretion."

It is unknown whether the decision will be appealed.

600_Gates_Circle_Entryb.jpg

feed your soul buffalo

What Others Have To Say

  1. urbansoul

    1 ratings12345
    Feb 13th, 14:25

    One word: HOT HOT HOT

  2. al-alo

    0 ratings12345
    Feb 13th, 14:25

    i saw they have all the underground utilities flagged. perhaps theyre starting sooner rather than later?

  3. stephenjames716

    1 ratings12345
    Feb 13th, 14:26

    100+ crazy comments in 3....2....1.....

  4. RisingDamp666

    7 ratings12345
    Feb 13th, 14:28

    Dismissed on its face! Those Lippes can now kiss my ass!

  5. nonono

    4 ratings12345
    Feb 13th, 14:33

    let the quintessentially male architectural forms erect themselves with out further interuptus!

    if i were a retired sea man with long thick pockets i'd wanna reside here at any cost.

  6. buffalowing98

    1 ratings12345
    Feb 13th, 14:38

    This makes me smile. This will bring a very positive spotlight to the circle which will hopefully help the hospital site get redeveloped.

  7. eyepharded

    1 ratings12345
    Feb 13th, 14:39

    Good. Although I have to say it will be weird ( in a good way) to see all this construction going on at one time in the city.

  8. Spaulding97

    6 ratings12345
    Feb 13th, 14:45

    HAHA! I'm humping my chair at work!!!! First the Sabres beat Ottawa, now this! Awesome, awesome awesome. BOOYA!

  9. icecreamsub

    0 ratings12345
    Feb 13th, 14:53

    is there undergound parking or will the hospital be turned into a ramp for tenants with a connecting tunnel?

  10. al-alo

    1 ratings12345
    Feb 13th, 15:09

    DOWN, SPAULDING97, DOWN! BAD SPAULDING97!

  11. UrbanBody

    0 ratings12345
    Feb 13th, 15:12

    ...let it snow, let it snow, let it snow. Yippee!!

  12. nonono

    4 ratings12345
    Feb 13th, 15:15

    this not so merry band of anemic blue bloods in the park lane are about to experience what 99% of the rest of us rank and file schmoes already know......that is - what it is like to have the landscape of your home and environment irrevocably altered by those with more resources than yourself, and a city utterly void of a common vision for itself and its future.

    beaten at your own game is another cliche that springs to mind.

    i say couldn't happen to a more deserving bunch.

  13. flyguy

    0 ratings12345
    Feb 13th, 15:16

    Fantastic news and very optimistic about this but I hesitate waiting for the appeal to occur because inevitably it seems the region cant break free from obstacles.

  14. jerkface

    2 ratings12345
    Feb 13th, 15:17

    wait...WTF!? Apparently common sense won the day, is this still Buffalo or did I wake up somewhere else this morning? Thank God!

  15. Martin

    0 ratings12345
    Feb 13th, 15:19

    Can I watch SPAULDING97?...[lol good news on the tower also]

  16. simcoe

    4 ratings12345
    Feb 13th, 15:23

    Quick, someone fly Ralph Wilson Jr in to show him the impending construction.

  17. Perry

    0 ratings12345
    Feb 13th, 15:25

    Hoo ray!!!

  18. AtwaterLouse

    0 ratings12345
    Feb 13th, 15:29

    icecreamsub - According to the previous BR article linked above, there's to be underground parking for 123 cars.

    Ironic that the blue blood building next door should see property values benefit, not decline. Having 66 new upscale neighbors tends to do that, and most of their views really won't be hurt at all. The lawsuit was really pointless.

  19. mjman4

    0 ratings12345
    Feb 13th, 15:31

    SWEET!

  20. Drew

    0 ratings12345
    Feb 13th, 15:38

    yup. Good stuff.

  21. Ike

    1 ratings12345
    Feb 13th, 15:42

    WHAT ABOUT THE SUPERHEATING!?!?

  22. iamBuffalosfuture

    0 ratings12345
    Feb 13th, 15:43

    when did they build the park lane?

  23. nonono

    0 ratings12345
    Feb 13th, 15:46

    park lane apartments or park lane restaurant?

  24. nonono

    5 ratings12345
    Feb 13th, 15:49

    why not build the Albright annex on the sight of the hospital and in scenic walking distance from the existing museum? or does every last thing we build have to be in Bob Rich's Bass Pro Water World?

  25. Joshua

    1 ratings12345
    Feb 13th, 16:04

    Wow - everyone got a little (too) excited here. Let's just wait for the craines first. I hate to see all this excitment (Spaulding97) and be let down. Buffalo is all about patience (and I'm not talking about people waiting at a doctors office).

    Any how, I hope this REALLY happens since this will REALLY transform the Gates Circle area.

  26. Joshua

    3 ratings12345
    Feb 13th, 16:07

    And wait a minute - what is that black signal doing there - most of the traffic signals in city are yellow.

  27. Martin

    0 ratings12345
    Feb 13th, 16:18

    most are yellow joshua, but remember the circles have no lights [or yield signs]

  28. NBJOHN

    0 ratings12345
    Feb 13th, 16:19

    nonono... what's the definition of a schmoe? I want to see if I fit.

    Great news.... I swear this was dead as the Adelphia tower, but those extra hail mary's paid off

  29. UrbanGuy

    1 ratings12345
    Feb 13th, 16:30

    what will be even better is in 10 years when all those park lane folks see appreciation on their units and are grateful for the construction. This will be the quote in the Snews from some tenant who just saw an increase in the value of their property when it was found they were involved with the lawsuit: (AHEM)(Best park lane resident/Thurston Howell voice)

    "No no no, you've got it all wrong. I was ALWAYS in favor of the tower, it was the process we questioned. We were just sticklers for protocol. Rules have to be followed. We wanted the construction, we just wanted it done right! So are there any units currently available"??

  30. NewBuffalo

    2 ratings12345
    Feb 13th, 16:31

    old farts move over.....NEW BUFFALO IS HERE? MAYBE. NOW FOR ISSA......

  31. Joshua

    0 ratings12345
    Feb 13th, 16:34

    martin - I've seen a few yield signs, mostly stop signs. There are useless blinking signals on the ground level at gates and some of the bridge over passes in the City.

    I don't really think there a lot of people that actually know how to drive in a "roundabout". The issue about roundabouts can be seen HERE!!!

  32. Spaulding97

    1 ratings12345
    Feb 13th, 16:36

    I will not calm down!

  33. mjman4

    2 ratings12345
    Feb 13th, 16:37

    you never know, that idiot who wants to move the Pan Am house all over the place might move it here to block the contruction of the condo...

  34. UrbanGuy

    0 ratings12345
    Feb 13th, 16:47

    what will be even better is in 10 years when all those park lane folks see appreciation on their units and are grateful for the construction. This will be the quote in the Snews from some tenant who just saw an increase in the value of their property when it was found they were involved with the lawsuit: (AHEM)(Best park lane resident/Thurston Howell voice)

    "No no no, you've got it all wrong. I was ALWAYS in favor of the tower, it was the process we questioned. We were just sticklers for protocol. Rules have to be followed. We wanted the construction, we just wanted it done right! So are there any units currently available"??

  35. Adam726

    1 ratings12345
    Feb 13th, 16:50

    HAHA the stupid NIMBYs lost

  36. Laird3rd

    5 ratings12345
    Feb 13th, 16:55

    wow, this building doesn't fit the neighborhood at all. looks like something that should be downtown and not around one of buffalo's best circle and parkway.

  37. SteveP

    0 ratings12345
    Feb 13th, 16:57

    maybe they should add 2-3 storeys, first floor retail etc....

    I'm only kidding this is great!!

  38. tonyarmani

    2 ratings12345
    Feb 13th, 16:59

    just goes to show you that with a little hard work and some intelligence, you can defeat anti-development liberals any day of the week...

  39. hodgepodge

    1 ratings12345
    Feb 13th, 17:10

    ta: i consider myself liberal, am "anti-development" in the sense that there are alot of bad projects/ideas out there which shouldn't be completed, but am for this tower. are those in favor of bass pro right wing lunatics? what's with the labels?

  40. tonyarmani

    0 ratings12345
    Feb 13th, 17:13

    hp - there's exceptions to every rule...

  41. mbhxam

    0 ratings12345
    Feb 13th, 17:31

    man, i wish i had the dough to buy one of these places... :(

  42. GDC

    2 ratings12345
    Feb 13th, 17:35

    This is great news!!!! A tall and modern structure that looks like it will fit well in this neighborhood. Can't wait to see it soon.

  43. NBJOHN

    2 ratings12345
    Feb 13th, 18:47

    Two relatively tall buildings next to each other.... Are we in New York Shitty - er City?

  44. sally

    1 ratings12345
    Feb 13th, 19:00

    Wonderful, simply wonderful

  45. PDB

    0 ratings12345
    Feb 13th, 19:30

    Great News!

    I wonder though, if the commentor Spaulding is the same character that was Judge Smails nephew in Caddyshack?

  46. chris69

    0 ratings12345
    Feb 13th, 19:33

    This is great news...not just for the construction of a new residential tower and the effect it will have on Delaware.

    I think everyone should be breathing a sigh of relief...even the Park Lane residents. Now with the tower being built its going to be enormously easier to redevelop Millard Fillmore Gates Circle Hospital. Had the park lane residents won they would have been stuck with both an empty lot where the tower would have been built but also a decade long empty hospital complex.

    The Gate Circle residential tower is going to increase the value of the Millard Fillmore Hospital and its likely redevelopment into apartments, retail, hotel, conference center, etc.

    It was really a question of the tower getting built and then the redevelopment of the hospital or the crime and decay between Main and Linwood spreading right up to Delaware and to the front door of the Park Lane!!!!!

    Now we need a bold developer to come up with a reskinning proposal for the hospital similar to the Dulski!

  47. nonono

    3 ratings12345
    Feb 13th, 19:34

    NBJohn, i find if you have to ask for the definition of schmoe, then you most probably are one. hope that answers your question. have a blessed presbyterian day :-) !

  48. snotnose

    1 ratings12345
    Feb 13th, 19:55

    Chris69, why not Uniland - they're building the tower and skinning the Dulski. That's innovation and foresight, folks. Thanks Uniland! Thanks for not giving up, prsenting a great plan, and really caring about the future of our city.

  49. ntdrew

    2 ratings12345
    Feb 13th, 20:07

    Awesome! thats all I can say AWESOME, now if we could just bury Ralph in the foundation and buy the Bills we'd be all set

  50. BROKEEPSBLOCKINGME

    1 ratings12345
    Feb 13th, 20:19

    wait wait wait!! What about the Bird Migration???

  51. sbrof

    0 ratings12345
    Feb 13th, 20:41

    yes! :)

  52. NBJOHN

    0 ratings12345
    Feb 13th, 20:55

    I can live with being a schmoe.... Be called a hell of a lot worse

  53. pgf1948

    7 ratings12345
    Feb 13th, 22:26

    Oh, wow! You have it now. At street level, the architecture rivals the entrance to the average community-college library, and not much more happens above. The prospective owners get a magnificent view. Who gets to look at them? Well, who cares? This is PROGRESS! A trophy tower for a dying city.

  54. EricOak

    3 ratings12345
    Feb 13th, 22:39

    pgf1948: You nailed it.

  55. Sal

    0 ratings12345
    Feb 13th, 23:08

    Great Decision

  56. tjhorner1

    2 ratings12345
    Feb 13th, 23:48

    pgf1948....what would you prefer the entrance to look like? Maybe you can break out the Crayola's, and post a picture here for all to see? I'm sure you could do a much better design of the structure. Armchair architects usually think they can.....

    Can't we all just be happy?.... This is a great addition to the city!

  57. gaustad

    2 ratings12345
    Feb 13th, 23:58

    Paging EricOak - Lets here how this building with not match our "urban fabric" - and how Olmstead will be rolling over in his grave because the new building will be encroaching Olmstead circle - comedy.

    It is a nice win for the people of buffalo for a change. Nice to see that a select few can not hold an entire city hostage. Something tells me this is not the end of it - just waiting for the appeal.

  58. gaustad

    0 ratings12345
    Feb 14th, 00:02

    spelling error - hear

  59. Charger

    1 ratings12345
    Feb 14th, 00:08

    Olmsted, not Olmstead. That was has him turning over in his grave.

  60. gaustad

    0 ratings12345
    Feb 14th, 00:31

    Thanks Charger, I will make a note - I think that is one of the funnier things I read on this site.

    Is it Olmsted, rolling over or turning over in his grave.

    Does anyone know what the modern day Olmsted might want for this town.

  61. BROKEEPSBLOCKINGME

    2 ratings12345
    Feb 14th, 00:36

    he wants everything the same Gaustad... Frozen in time like the hippies here in buffalo. Don't touch a thing!!! 1890 forever muaaaaah!!! With the exception of Subarus and LLBean

  62. terrapintim

    0 ratings12345
    Feb 14th, 03:22

    Anybody know what the price range for these units will be?

  63. br_boy

    0 ratings12345
    Feb 14th, 08:27

    My guess, the price range will start out at $400K and not much below that. No way are you going to see anything in the range of $200K unless the condo is less than 1000 sq ft. Just a hunch but we'll see.

  64. IvantheTerrible

    0 ratings12345
    Feb 14th, 08:40

    Don't forget that Lippes could take this all the way to the Supreme Court. He doesn't seem to have much else to do.

  65. TownLine

    0 ratings12345
    Feb 14th, 09:14

    I believe $450 - $2mil is the range

  66. benfranklin

    0 ratings12345
    Feb 14th, 10:52

    For people that plan this type of building...one suggestion. I was called some time ago and asked thirty minutes worth of questions about the type of 'unit' I'd prefer. The caller was polite enough, and started out simply enough with somewhat pedestrian questions like...'would you consider a condo downtown'...when the person realized I knew the difference between Gates Circle and Gold Circle, the questions changed in detail. The questioner went into great detail asking which I'd prefer .."would you prefer ten extra square feet in bedroom two, or one extra foot out on the terrace..." Anyway... I believe my responses would have been more worthwhile had I been presented a floor plan, and ranked preferences. I'm not sure the information collected over the phone was worth the time and money it took to collect it.

  67. simcoe

    0 ratings12345
    Feb 14th, 11:20

    Who the hell answers 30 min worth of questions over the phone? Do you read the phone book for leisure?

  68. benfranklin

    0 ratings12345
    Feb 14th, 11:28

    If you have an opinion that someone wants... but, that was my point, it had to do with Buffalo development, so I was patient, however, I don't believe it was the proper way to collect the data. Do you see my name and just go in to bitch mode, or are you like this with everyone? God love the person that puts up with you.

  69. SLEEPL8

    0 ratings12345
    Feb 14th, 11:32

    holy shit maybe there is hope for this city. great news. i love when obstructionists lose.

  70. ExWNYer

    0 ratings12345
    Feb 14th, 12:15

    It's great to see this project get a clear path to move forward. What a great addition to the city. I only wonder if the market can support this, and the new waterfront highrise in addition to what Mr. Issa has planned for the Buffalo City Tower. So far, it seems that the answer is yes.

  71. rubygreta

    1 ratings12345
    Feb 14th, 12:20

    This one building, all by itself, will scream out - BUFFALO IS ALIVE!!

  72. simcoe

    0 ratings12345
    Feb 14th, 12:24

    BF-Ya it's pretty much just your comments that I find tedious and wasteful. And maybe the three other undeservedly conceited boobs that go back and forth with you.

  73. BROKEEPSBLOCKINGME

    0 ratings12345
    Feb 14th, 12:31

    EricOak in 3...2...1... " And now this week's fight about Curb Cuts...This creates illegal curb cuts blah blah blah"

  74. benfranklin

    0 ratings12345
    Feb 14th, 12:36

    ...but this comment is sooo worthwhile.

  75. BROKEEPSBLOCKINGME

    0 ratings12345
    Feb 14th, 13:19

    boo f-ing hoo BenFranklin, you did even really fly the kite

  76. sbrof

    2 ratings12345
    Feb 14th, 14:43

    I agree that this building, from the views up and down delaware that people will have of this building, the views people will have seeing it rise above the trees from Olmsted's parkways, the very contemporary feel to it will be a new showpeice for the city.

    This if it gets filled will bring tons of money into the city from people who don't want to live in, maintain, and pay for a McMansion and the ridiculous amounts of utilities they have to pay for. These units by default are going to require about 1/5 the heating as a single family detached house would of the same size.

    That frees up hundreds of dollars, potentially every winter month, that they coudl either save, to spend and put back into the economy. The economy doesn't grow by dumping money away in utilities. I think Olmsted would love this building on his circle. It is inviting, vertical, slender, It actually probably have less of a footprint and negative impact on his circle than the parking drop off does now.

    It is simply going to be one of the best additions to our city in 20 years. This is a win for everyone. Even those old blue bloods in the condo tower behind them.

  77. sbrof

    1 ratings12345
    Feb 14th, 14:51

    tony. there are probably more exceptions than realities.

  78. RisingDamp666

    0 ratings12345
    Feb 14th, 14:51

    C'mon folks, this tower is a knockout! There's plenty of room in the neighborhood to do 'traditional', if you will, but this contemporary beauty will just enhance everything else. The prices will be steep because it's new construction, but there's money out there and 66 units isn't that big a deal.

    ......is Spaulding97 still spinning in his chair?

  79. bflover

    1 ratings12345
    Feb 14th, 16:02

    Wait, here come the labor unions with their $50 an hour broom pushers. D'OH!!!!!

  80. AtwaterLouse

    1 ratings12345
    Feb 14th, 16:19

    Before BR writes a hysterical article based on bflover's joke, Uniland is an example of a successful non-union developer here. Their recent project next to Ch 2 was picketed by unions a very short while before a court ordered the picketing to stop. Maybe they treat workers pretty well and don't have kinds of problems you-know-who allegedly has on both sides ot the Atlantic.

  81. Tesla

    0 ratings12345
    Feb 14th, 18:03

    I don't really see a problem with having this building built.

  82. BROKEEPSBLOCKINGME

    3 ratings12345
    Feb 14th, 21:37

    LOOKS GREAT, BUILD IT AND I'LL BUY ONE NO QUESTIONS.

  83. RisingDamp666

    0 ratings12345
    Feb 14th, 23:19

    10% down, BROKEEPSBLOCKINGME, that's a lot of CAPS.

  84. gaustad

    3 ratings12345
    Feb 15th, 00:46

    I could care less where this building goes up as long as it goes up, but is this really the best location for something like this. Wouldn't it be better suited downtown with vies of the lake? It would drastically improve our skyline.

    This is not the greatest location.

  85. MJWorthington

    2 ratings12345
    Feb 15th, 12:37

    I think a node of high rises here with views looking back down the parkway are a perfect place. Kind of like First Presbetarian and The Old Psych Center framing in the ends of RIchmond Ave.

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