ALBANY: Acting State Supreme Court Judge Thomas J. McNamara denied a motion filed by the developers of the proposed hotel in the Pine Bush in the case Save the Pine Bush vs. City of Albany to re-argue the case. The Court said “Conspicuous by its absence is any discussion of other animal life on the project site and any impact the project may have on off-site rare plant or animal species. The material relied on by the Common Council in reaching its conclusion on this issue only peripherally addressed the concerns raised by NYSDEC and USFWS. Because the 1996 Implementation Guidelines and the 2002 Management Plan were not directed to the specific issue and because the Futyma reports skirt the issue, the Common Council’s review does not rise to the level of a “hard look”.
“The application is denied.”
Save the Pine Bush won this battle. But, stay tuned! Its not over until its over.