Tuesday, November 21, 2006
Buffalo, New York —Buffalo, New York developers have been stymied by old real estate deeds.
The prospective Elmwood Village Hotel may be scuttled and businesses now located there may be forced to move.
Frustrations over property located in an area once known as “Granger Estates” circulate around a clause in the original deeds over land divided by then-owner Erastus Granger in the early 1800’s.
According to the documents, “no business establishment of any kind whatsoever” shall ever be constructed on the property, and they shall forever be exclusively for residential use only. Also prohibited are barns, farms and stables.
Sam Savarino, CEO of Savarino Companies, the prospective hotel developer, announced that his legal research team found the restrictions on properties located between 1109 and 1121 Elmwood Avenue which also stated in part that “no businesses, hospitality establishment of anykind whatsoever” shall ever be permitted to be built on the property.
Savarino, whom is expected to contest the restrictions, said that his company could have ignored the findings, but that, “we can’t risk the future of a multimillion-dollar project on the hope they wouldn’t be discovered. Our opponents would have had a field day if they’d surfaced after the fact.”
Savarino said his attorneys and researchers are anticipated to determine “exactly what weight the restrictions carry and if there’s a way for the courts to negate them.”
Existing businesses are also jeopardized.
Hans Mobius, owner of some of the restricted properties upon which a carriage house is built, said, he wasn’t aware of any restrictions, and “never had a reason to research the deed and title documents.” He confidently added that, “the lawyers can get this taken care of.”
Other threatened businesses include Don Apparel, H.O.D. Tattoo, Forest Plaza Art Gallery and Allentown Music.