MAYVILLE – A Judge has dismissed the request to halt the demolition of historic Chautauqua Amphitheater, meaning work is now able to proceed.
On Thursday judge Frank Sedita said he would lift the temporary restraining order that has halted the project for more than two weeks, and deny the motion for a preliminary injunction, which would have extended the restraining order for the duration of the lawsuit.
The suit was filed in January by the Committee to Preserve the Historic Chautauqua Amphitheater and five owners of residences at Chautauqua, who say the town of Chautauqua did not properly consider the environmental aspects of the project and as a result illegally granted a building permit for the work to take place. Specifically, they claimed the permit violated the Waterfront Consistency Law and State Environmental Quality Review Act. Sedita ruled the Amp project is a ‘minor action’ and as a result, is exempt.
The Chautauqua Institution’s board of trustees voted Dec. 30 to approve a $41.5 million plan to demolish its 122-year-old amphitheater and build a similar, modernized structure designed to offer greater accessibility to those with disabilities, more seating, an orchestra pit and improved sightlines and safety.
Preservationists have vehemently opposed the plan.
Barring any further delays, the new Amp is slated to be opened prior to the start of the 2017 Chautauqua season.