Appellate court backs Maid of the Mist

10/6/14

Business First – The Maid of the Mist Corp. has won its latest legal battle against Niagara Falls interests who felt the company’s off-season storage and maintenance facilities were given various municipal approval without full reviews.

Not so, says the Appellate Division of the New York State Supreme Court. The court’s five justices unanimously agreed all environmental studies were properly completed and no short cuts were taken in five decisions made by the jurists. The decision was released late on Oct. 3.

The appellate court ruling is the latest in a series of legal victories for the Maid of the Mist Corp.

“We always felt that the law was very clear and in our favor,” said Brian Gwitt, Maid of the Mist attorney and partner in Woods Oviatt Gilman. “That the justices shot down every argument on a consistent basis proves what we did was right all along and we followed the law.”

The lawsuit was filed by the Niagara Preservation Coalition Inc. – a group of Niagara Falls’ interests – who questioned the environmental approvals granted to the Maid of the Mist for its new $33 million off-season storage and maintenance center. The center was constructed after the Maid of the Mist lost its rights to operate its iconic tour boats from both the Canadian and U.S. shores of Niagara Falls. The boats had been stored and maintained on the Canadian side of the Niagara River.

Representatives from Niagara Preservation Coalition could not be reached for comment.

Hornblower Cruises of Niagara Falls outbid the Maid of the Mist for the contract in Niagara Falls, Ont. Hornblower began operating this year.

The Maid of the Mist continues to run its passenger boats from the U.S. side of the Niagara Falls. The company has 30 years left on its lease with New York State Office of Parks, Recreation and Historic Preservation.

Gwitt said it remains unclear if Niagara Preservation Coalition will pursue further legal action.

“I think the appellate court made it pretty clear,” he said.