Demolition of St. Patrick’s to continue

Albany

In what may be the final act of a grass-roots effort to save St. Patrick's Church in Watervliet, acting State Supreme Court Justice Kimberly A. O'Connor Thursday denied a preliminary injunction to stop demolition of the 124-year-old structure.

Two weeks ago O'Connor heard oral arguments in Albany between lawyers for Citizens for St. Patrick's and Nigro Cos. on whether demolition work already begun at the 3.5 acre site should be halted while preservationists try to get the plans reviewed by the Watervliet Zoning Board of Appeals.

Citizens for St. Patrick's was attempting to halt the razing of the church by Nigro Cos. to clear the 19th Street site for construction of a 40,200-square-foot Price Chopper Supermarket and two smaller commercial buildings.

The group was contesting the City Council's rezoning of the property to allow the project as well as the demolition permits.

In Thursday's ruling, O'Connor noted that the citizens group did not act in a timely manner with their litigation regarding the City Council's rezoning.

"During this time period (Price Chopper) has expended substantial sums of money on asbestos abatement and demolition activities," O'Connor's ruling said.

The justice also noted the citizens delayed commencing legal action another 25 days following their securing of copies of the demolition permits through the state Freedom of Information Law.

Rosemary Nichols, attorney for the grass-roots group, had argued the organization has standing, their court action was timely and that the city ZBA must review Building Inspector Mark Gilchrist's issuance of the permits.

Nichols did not immediately return calls for comment Thursday on whether the group will seek to appeal to a higher court.

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Demolition of St. Patrick's to continue