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Group Sues to Stop Sale of Forest Area

Posted on: Saturday, 10 September 2005, 09:00 CDT

Citizen activists have filed a lawsuit to try to block a controversial land sale in Perrysburg.

Plaintiffs are asking a judge to halt the state's plan to sell the 650-acre forested site of the former J.N. Adam Developmental Center to a logging company until environmental and preservation issues are resolved.

Cattaraugus County Judge Larry M. Himelein has scheduled an Oct. 6 hearing on the suit filed by several plaintiffs, including the group Friends of J.N. Adam, two residents of the Perrysburg area and Buffalo Common Council President David A. Franczyk. The skirmish puts Franczyk, an opponent of the sale, in the position of suing the city for which he works. Various state agencies and the president of the logging company are also named in the suit.

Last month, the Council made an about-face and voted to give up the city's reversionary rights to the land in return for receiving 90 percent of the sale price, or nearly $334,000. City officials were confident that the action would prompt Trathen Land Co. of Livingston County to withdraw its lawsuit accusing the city of illegally blocking the sale. But president Thomas S. Trathen said his company is pursuing its legal challenge and will be in court Thursday. Richard J. Lippes, the plaintiffs' attorney, said the lawsuit makes several arguments for halting the sale. One contention is that officials failed to properly assess the environmental impact the sale would have on a site that once housed Buffalo's tuberculosis hospital.

"There are a whole range of environmental issues that have never been considered," Lippes said Tuesday.

The suit also contends that any sale must include guidelines to protect buildings that are listed on the State Registry of Historic Places. Lippes further argued that because the site is a "de facto public park" with hiking trails, the sale requires approval by the State Legislature.

Trathen, who has promised to "responsibly" manage the forest, said the lawsuit is "totally without merit."

"We've been assured that procedures have been followed to the letter of the law," he said Tuesday.

Trathen also warned that the group's legal challenge could delay site development and result in further deterioration of the buildings.

"They call themselves 'Friends' (of J.N. Adam), but they're only causing more problems," he said.

But Lippes insisted that the sale could result in irreparable damage being done to the site's forests and structures.

"There's nothing that would stop them from tearing down historic buildings," he said.

e-mail: bmeyer@buffnews.com

Source: Buffalo News

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