ROCHESTER – The construction of a new Dollar General store near Kennedy has been blocked by a court ruling.
The New York State Fourth Appellate Division ruled unanimously last month denying a zoning variance for construction of a new Dollar General on Route 62 in the Town of Poland just east of Kennedy.
The court revisited a previous decision by the State Supreme Court in Chautauqua County allowing for construction of the project.
A group of residents previously challenged the Town of Poland Zoning Board’s decision to grant the zoning variance in State Supreme Court.
In the Appellate decision, the justices wrote that the property owners failed to prove a claim of “unnecessary hardship” for the reasonable return on the property that The Broadway Group LLC was going to buy for the Dollar General.
The full decision is posted below:
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I am pleased with this ruling. Yet another Dollar General is the wrong choice for the location. This rural area is populated by people who chose to live there because of how rural it is. Imagine all the traffic among farming machinery. It would change everything and invite more of the same. There are enough Dollar Generals.. really…
I guess Kennedy Supermarket can still have their exorbitant prices…