Student Housing: Judge says UB can’t sue to stop housing
The University at Buffalo was unable to persuade a judge to prohibit privately owned student housing adjacent to the North Campus, but there is a chance the Amherst Town Board might block the housing plan after fighting for years to allow it.
State Supreme Court Justice Gerald J. Whalen ruled this week that the university did not have the authority to file multiple suits against parties interested in allowing more than 200 student apartments to be built on Rensch Road, just west of the main campus.
“The court has combed the record and finds no evidence that the [SUNY] Board of Trustees authorized this action,” Whalen said.
The university had argued that it was unreasonable for the Board of Trustees of the State University of New York to authorize every lawsuit, given the size of the statewide university system and the frequency with which suits are initiated.
But Whalen said that if this creates a burden for SUNY, “it is a legislative solution SUNY needs, not a judicial remedy.”
Town Attorney E. Thomas Jones said he is happy with the ruling and looks forward to working with UB on other land-use issues.”
“In terms of our workload, we’re glad it’s over,” he said. “We’ve got other suits to take care of.”
Legal options remain for the university, however. UB spokesman John DellaContrada said officials have not yet decided whether to appeal the ruling.
Since 2004, UB has objected to having private developers build large-scale, apartment-style dorms adjacent to the North Campus.
UB officials want to limit such student housing in Amherst to the campus, which they say keeps students more engaged in university life. They also said the Rensch area is most appropriate for research and development, which was the previous zoning designation for the property and in keeping with UB’s expansion plans.
“This is an ideal location for new businesses grown from UB’s research,” DellaContrada said.
In 2007, the Town Board approved a rezoning request by GMH Communities — now American Campus Communities — to put up 237 student apartments on Rensch.
Town council members — none of whom still remain on the board — said there is a clear need for additional student housing around the North Campus. Saying no to large, privately funded housing developments also means turning down millions in much-needed property tax revenue, they stated.
The current board may not have the same opinion.
Supervisor Barry Weinstein introduced a resolution for consideration on Tuesday that would reverse the board’s position on rezoning and begin the process to change the zoning for the property from multifamily residential back to research and development.
“I do think with UB growing, with their 2020 plan, I think it’s more imperative for them to have research and development available right next to the campus,” he said.
Sean Hopkins, lawyer for the developer, said this latest resolution is “directly contradictory to the lengthy planning process that resulted in the property being rezoned . . . in the first place, as well as the position the Town Board took with respect to the litigation it won 72 hours ago.”
He added, “American Campus Communities is still committed to developing the property as upscale student housing.”
By Sandra Tan for Buffalo News
