BUFFALO, N.Y. — Erie County Supreme Court Judge Catherine Nugent Panepinto granted a motion to dismiss submitted by the city of Buffalo in the latest court proceeding involving the two Cobblestone District buildings located at 110 & 118 South Park Ave.
It's the latest chapter in a long book of court battles between the city and building owner Darryl Carr.
Carr's attorney argued that the fire that damaged the two buildings on June 18 should have allowed him to tear them down, as outlined in city code.
The city argued that Carr had not gone through the proper administrative channels to request the emergency demolition after the fire.
"If this were two days after the fire, I think we'd have a much stronger case," Judge Panepinto said during the hearing "Now we're two months after the fire, so there's been a lot of time, two months for your client to go that avenue."
The attorney for the city said that the latest court proceeding is another move, in a pattern of moves by Carr, to slow everything down.
"We recognize that we want to move this forward, and we want the property to be saved," said Robert Quinn, associate corporate counsel for the city. "We want the property to be stabilized. We don't want to delay this. The petition, respectfully is an attempt to delay this further."
Ultimately, Judge Panepinto sided with the city and granted its motion to dismiss.
"I understand that you're arguing it's a different standard, because it's an emergency situation," Judge Panepinto said. "However, given the fact that the fire was over two months ago, or close to two months ago, and your client hasn't pursued the administrative remedies, this Court has an incomplete record to review, so the motion to dismiss is granted."
Building owner Darryl Carr told 2 On Your Side over the phone that he was disappointed in the judges ruling, and felt the court didn't understand their position on the matter. Carr said he is weighing his options on whether or not to appeal the ruling.
Separately, Carr filed an appeal of a recent 4th District ruling with the Court of Appeals, and the eminent domain case is still playing out as well.
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