By JAMES FINK
Business First

State Supreme Court Justice Hon. Kevin Dillon has reserved his decision about whether a lawsuit aiming at preventing the construction of a Delaware Avenue condominium project can move forward.

Dillon heard arguments Thursday morning from lawyers representing Uniland Development Co. and from those representing neighboring residents who oppose the project. At issue is whether a "harmless error" allegedly made by city officials can effectively kill the $55 million project.

Opponents allege that Buffalo officials failed to properly file necessary paperwork with environmental agencies and that the project, which was approved by the Buffalo Planning Board last year, will have a negative impact on the neighboring Park Lane Apartments and Gates Circle area.

"It will have an adverse impact on the neighborhood," said Richard Lippes, attorney for the Park Lane residents.

Dillon gave Lippes until today to submit a brief and further examples of cases that support his argument. Uniland's lead attorney, Richard Moore, a partner with Magavern Magavern Grimm LLP, has until Wednesday to make his case. Dillon will review both briefs and make a ruling.

Dillon's ruling could play a key role in deciding whether the case moves forward or, alternately, construction can begin.

"Nothing's changed with the project, as far as we are concerned," said Judi Griggs, Uniland spokesperson. "We're still working on it. Our emphasis is on getting it right, not just right now."

The 23-story building will feature 68 upscale condos - some with price tags approaching $2 million per unit. The building is proposed for the site of the former Park Lane restaurant, which closed one year ago and is slated to be demolished to make way for the condos.

Park Lane residents are fearful that the project will impact the views from some of the units in their 10-story building and potentially hurt resale values.

Others believe the Uniland project will do just the opposite and raise the sale prices of the units.