Newsletters ..... Spring 2004 Newsletter
Court Says Court Can Let Richardson Buildings Rot
The Appellate Division of the Supreme Court has overturned a lower court decision that required the State of New York to maintain the historic Richardson Psychiatric Center on Forest Avenue in Buffalo. The complex is listed on the National Register of Historic Places.
In recent years, after switching to an out-patient mode of treatment and transferring the re-maining patients to a new building, the state has allowed the complex to deteriorate.
Last year the Coalition, along with Assemblyman Sam Hoyt, Council Member David Franczyk and former Coalition Chairperson Susan McCartney, sued the state to compel it to do what any ordinary citizen has to do, maintain their property.
The local court agreed with the Coalition and ordered the state to prepare a plan to maintain the building. Governor Pataki said the lawsuit was not necessary and asked the legislature to allocate the necessary funds. He also had maintenance work started on the building.
Despite the Governorís recognition of the importance of the complex and his willingness to make repairs, the state appealed the order. Recently the appeals court found the lower court decision to be incorrect. The court did not address the facts of the case, but based its decision on the narrow technical grounds of "standing"; the parties to the lawsuit did not have the right to sue since no injury was suffered that was unique to the plaintiffs.
The Coalition plans to appeal the decision to the stateís highest court.
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