New York Supreme Court Justice Bernadette Clark has dismissed a lawsuit against Utica, N.Y.-based Mohawk Valley Health System over its $480 million expansion project, according to the Utica Observer Dispatch.
The health system broke ground on the 672,000-square-foot hospital in downtown Utica late last year.
No Hospital Downtown, a Utica group formed in opposition of the expansion, sued, arguing the state-mandated environmental review process that granted approval of the project was “fatally flawed.”
The group argues that the review board did not properly factor in the historic nature of the neighborhood that is being torn down and did not thoroughly review an alternative location for the hospital.
In her Oct. 22 decision, Ms. Clark said that because No Hospital Downtown failed to seek injunctive relief or a stay from the state Supreme Court on the project “they themselves are complicit in this project having reached its present advanced stage. Thus, this Court finds that petitioners failed to make sufficient efforts to safeguard their rights and, as a result, this controversy has been rendered moot and must be and is dismissed.”
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