A state Supreme Court judge dismissed the lawsuit seeking to block construction of a new homeless shelter in Auburn, but the plaintiffs are appealing the ruling.
A group of residents who live near where the Grant Avenue facility would be located, along with Prospect Pointe Apartments, filed the lawsuit after the Auburn Planning Board approved a site plan for the proposed 80-bed homeless shelter.
The lawsuit claimed the planning board "erroneously found" that an environmental impact statement was not necessary. The plaintiffs also alleged that the board did not comply with the city code when it approved what they described as a "defective" site plan.
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But Judge Sam Valleriani ruled that the planning board "properly determined that no environmental impact statement was required." He also said the board complied with its "substantive obligations" under the State Environmental Quality Review Act when it issued a negative declaration for the project.
"[T]he court finds no violation from the applicable sections of the code of the city of Auburn as alleged by petitioners," Valleriani wrote in his decision.
The plaintiffs, who are represented by Auburn attorney Joe Camardo, requested an injunction to block the construction of the shelter. But Valleriani found they "failed to establish by clear and convincing evidence the elements required to warrant the issuance of a preliminary injunction." He denied that request and dismissed the lawsuit.
Valleriani's decision was handed down on May 30. One month later, Camardo notified the court he is appealing the ruling. The state Appellate Division, Fourth Judicial Department, will hear the appeal.
Housing Visions, a Syracuse-based nonprofit, is leading the project to build a new homeless shelter at 290-292 Grant Ave. Cayuga County has set aside $1 million for the project and Housing Visions is pursuing other funding opportunities.
When the plan for a new homeless shelter was revealed, residents who live on neighboring streets criticized the proposal. They believe the proposed 7,105-square-foot facility is too large for the lot and raised concerns about crime and other disruptions in the area.
Housing Visions submitted a site plan application to the Auburn Planning Board, which began reviewing the documents in December 2023. The board did not rush its decision — the site plan was approved at the July 2024 meeting after Housing Visions made revisions to the original submission.
The nonprofit has not provided an updated timeline for when the project will commence. However, the $1 million from the county must be spent by the end of 2026. The source of that funding is the federal American Rescue Plan Act, which provided local government aid during the COVID-19 pandemic. Those funds must be expended by the end of next year.
Government reporter Robert Harding can be reached at (315) 664-4631 or robert.harding@lee.net. Follow him on X @RobertHarding.