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12-12-2006 By JIM AUSTIN Editor HARTWICK _ Rainbow Enterprises has filed a lawsuit against the Hartwick town planning board over the positive declaration it gave the corporation's proposal to build a 74-room Hampton Inn. The article 78 proceeding asks the court to overturn the positive declaration which would require Rainbow Enterprises to complete a full Environmental Impact Statement. The lawsuit, filed Nov. 29 in Otsego County Supreme Court, claims the decision by the board was ``arbitrary and capricious and without basis in fact or law'' and will create a substantial hardship for Erfan Kahn, owner of Rainbow Enterprises. According to the suit, if Rainbow Enterprises is forced to perform an Environmental Impact Statement, it will delay the project two to three months and cost at least $30,000 to complete. If the delay causes them to begin excavation and foundation work after the frost has set in, project manager Fred Riordan estimates it will cost Rainbow Enterprises an extra $300,000. In addition to the extra cost, the delay may endanger their ability to meet the anticipated date of opening on June 1, 2007. More than 70 percent of the hotel's income is derived during an 11-week period from June 1 to Sept. 1. See Thursday's Cooperstown Crier for the full story. |
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