The proposed Costco Wholesale store near Crossgates Mall faces legal challenges but has been rejected.

GUILDERLAND-The second lawsuit in two years against the proposed Costco Wholesale store and apartment complex next to Crossgates Mall has been dismissed.

The plaintiff, Save the Pine Bush, is appealing and agreed to expedite the appeal and submit court documents before December 6.

Last month, Acting Albany Supreme Court Judge Robert MacDonald ruled that Save Pine Bush’s complaint against Gilderland Town and Pyramid Management Company, which operates Crossgates and affiliates, hopes to develop Costco /Apartment building.

Save the Pine Bush was represented by Todd Ommen, an attorney at the Pace University Environmental Law Clinic. He made an argument similar to the earlier case, arguing that the town government officials were arbitrary and capricious in approving the project and needed "Strict review" was not given in terms of environmental impact.

McDonough disagreed and dismissed the case last month. So now, Save Pine Grove is appealing McDonough's decision.

The push to speed up appeals stems from Pyramid's argument that if legal cases cannot be resolved quickly, the entire project may be in danger due to delays.

"They just want to keep things going," Guilderland director Peter Barber said of the request to appeal before December.

"We hope to resolve these issues as soon as possible," added Robert Rosborough, a lawyer for Whiteman Osterman & Hanna representing Pyramid.

Save the Pine Bush v Pyramid Stip and Dismissal by rkarlin on Scribd

The Seattle-based Costco Wholesale retailer is planning to open a store and gas station near Crossgates. In addition, Pyramid Management plans to build a 222-unit apartment complex near the site along Lapu Road.

Advocates of the Pine Bush Nature Reserve, as well as the owners of nearby gas stations and residents of the Westmere community living next to the Costco site, have opposed the plan for more than a year. They argued that the additional traffic generated by the new major retailer and the threat to the ecology of the nature reserve run counter to what the town should strive for.

Guilderland officials argued that Costco was in line with their development plan for the area. The new retailer will also significantly increase the treasury of towns and counties through sales tax revenue and help control property taxes.

The first lawsuit filed by residents of Westmere was filed a year ago. Albany County Supreme Court Judge Peter Lynch found that the "close review" and other requirements required for advancement were not met, and the project was temporarily shelved.

But the appeal department overturned this decision in July.

Rick Karlin is responsible for the environmental and energy development of Time Alliance. Previously reported on education and state government, and wrote articles about natural resources and state government in Colorado and Maine. You can contact him at rkarlin@timesunion.com or 518-454-5758.