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Train depot demolition on hold, subject of legal battle
November 21, 2008
12:24 AM
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The impending demolition of a dilapidated railroad depot in Forestville, NY is on hold until those trying to salvage the historic building make their case before a state judge.Aimee Rogers, who has spent months working to restore the landmark and put the neglected property to better use, is challenging the Chautauqua County Legislature in court for rescinding a six-month extension that would have given her until February to secure the site.

''... The decision of (the County Legislature) to rescind the lien ... is arbitrary, capricious and an abuse of discretion,'' Mrs. Rogers argues in a petition submitted to the state Supreme Court.

County legislators were set to vote recently on a proposal submitted by another Forestville resident, Kim Stott, who lives near the dilapidated building and hopes to see it demolished, believing there to be no hope in restoring it.

Mrs. Rogers' petition prompted an injunction against the legislature, putting the matter on hold until a judge can hear the case.

Lawmakers initially granted Mrs. Rogers a six-month extension to give her more time to secure the property and bring it up to code.

But after hearing from Ms. Stott and others in Forestville who don't see any hope in restoring the building and see it as an eyesore and a danger, legislators narrowly voted to rescind the six-month exemption and solicit other proposals for the property. The only one they received was from Ms. Stott.

Mrs. Rogers bought the tax lien for the site in July 2007 but was prohibited from setting foot on the property by the property owner, making it impossible for work to be carried out on the building, according to the petition.

The property owner reportedly favors Ms. Stott's plan for the site.

Mrs. Rogers is pursuing an Article 78 action - a lawsuit against a government body or agency like the Chautauqua County Legislature - so that she will still have until February to acquire ownership over the property through the county foreclosure process.

''The extension I needed to get the foreclosure done and get it in my name,'' Mrs. Rogers said.

The hearing date is set for Dec. 8.

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