Members of the local Historical Society waged a lawsuit against both Stewart's and the town of Warrensburg for the site selection and approval process, with they claimed was short-circuited.
The Article 78 suit was filed in state Supreme Court. Justice David Krogmann denied the citizens' injunction request, who also rejected Stewart's motion to dismiss the lawsuit. In the decision, Krogmann warned that any excavation or construction at the project site would be at Stewart's peril if the company proceeded with the lawsuit's outcome pending.
Saturday, Mailey declined to discuss in detail the pending lawsuit, which is still awaiting Krogmann's decision.
"We believe the town did their job in the review process, and we felt secure enough to go forward," he said.