Appeal against F’ville grocery store denied

VILLAGE OF FAYETTEVILLE – The New York State Court of Appeals has denied a motion for leave to appeal related to a lawsuit against the Fayetteville Planning Board for its approval of the proposed 547 E. Genesee St. grocery store. The lawsuit was originally filed in December 2022 by Fayetteville resident Marguerite Ross, whose home borders the partially industrial-zoned 30-acre property in question. The court challenge was put forward with attorneys from the law firm Knauf Shaw LLP, with Ross contending that the planning board’s granting of a special use permit for the project was “arbitrary, capricious, unlawful, and an abuse of discretion.” She alleged that the board failed to meet requirements for the permit, like the cap on building size at 10,000 square feet when the planned grocery…..

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