The lawsuit against the Town of Schoharie and its Planning Board and Zoning Board of Appeals for their decision permitting the Highbridge warehouse project at I-88 and Route 30 has been dismissed.
Neighbors Corrie and John Schrader filed the Article 78 lawsuit on September 1, calling the ZBA’s June 19 decision to grant a height variance for the warehouse as well as the Planning Board’s June 20 approval of a special use permit for the project “arbitrary and capricious.”
But in a State Supreme Court ruling issued on October 27, Judge Peter Lynch dismissed the case on the grounds the Schraders had missed the 30-day deadline for filing Article 78 complaints.
The Schraders’ lawsuit charges, in part, that the clock hadn’t yet started ticking on those 30 days because the town, ZBA, and Planning Board had failed to respond to a July 18 letter “styled an appeal. I disagree,” Judge Lynch wrote.
“Plaintiff’s request [to] reconsider their approvals had no impact on the statue of limitations.”
The Schraders live at 218 State Route 30, next to the Highbridge site.