Court again sides with Maid of the Mist

1/5/15

The New York State Appellate, Fourth Department, has denied the latest challenges to the construction of the Maid of the Mist dry dock and maintenance facility, which was completed at the end of the 2014 season. The site is located at the site of the former Schoelkopf Power Plant on the Lower Niagara River in Niagara Falls, New York.

Hornblower Yachts, LLC, had appealed lower court rulings that upheld the Maid of the Mist’s right to construct the facility, which is used for maintenance of Maid of the Mist’s boats.  Maid of the Mist VI and Maid of the Mist VII are placed on the dry dock during the off season.  The Appellate Division affirmed the lower court’s rulings in favor of the Maid of the Mist, then denied Hornblower’s request for reargument or leave to appeal to the Court of Appeals, New York’s highest court.  In a separate decision, the Appellate Division also denied the Niagara Preservation Coalition’s motion for leave to appeal to the New York State Court of Appeals.

This marks the sixth separate court decision siding with the Maid of the Mist.

According to Brian D. Gwitt of Woods Oviatt Gilman LLP, an attorney for the Maid of the Mist, “The actions of the Maid of the Mist and the involved New York State agencies in pursuing and completing the construction of the drydock facility have once again been reviewed and confirmed as proper.  The Maid of the Mist is proud of its ability to remain in place and continue to provide the very best tour boat service in Niagara Falls.”