Lawyer for Iris and William LLC: “A stay is automatic”
Read key court documents below
By Andrew Harris
Thirty days ago we reported that Allegany County Supreme Court Judge Thomas Brown had issued an order which would require all storage sheds be removed from the Wellsville municipal parking lot. This parking lot is at the center of the business district and has historically been free parking for the public.
When Iris and William LLC purchased the property, best known as the “Rockwell’s Building,” about one third of the parking lot was part of that property. After failed negotiations with the Village of Wellsville, the lot owners erected a series of storage sheds, aka “Amish-style sheds.”
Very quickly another business that uses and relies on the parking lot took legal action to have the sheds removed. The plaintiffs cited that delivery trucks couldn’t navigate the parking lot with the new array of sheds. A business owner tripped and fell over the barricades erected by the new owner to prevent unwanted parking. Judge Brown agreed and cited that the lot has a recorded and long standing easement which keeps the lot free for “ingress and egress.” Meaning the lot must be kept open so that cars, trucks, tractor trailers, snowplows, maintenance crews, and emergency services have the ability travel in and out of the lot.
While that order by Judge Brown to remove the sheds has exceeded the thirty day window, the attorneys for Iris and William LLC have filed a memo with the court citing that a “stay” is automatic. Meaning that the order issued by Judge Brown must automatically stop for further review and potential motions by either party.
Iris and William LLC will have six months to prepare to appeal the ruling, almost ensuring that this issue will not see any resolution until 2025. Read parts of the court filing by Iris and William LLC below:
