Neighbors of a proposed $70 million development of the former Point Chautauqua Golf Club are filing arguments in state Supreme Court in advance of April’s oral arguments in state Supreme Court.

Chautauqua town officials approved the project in January. The $70 million development will include condominiums, townhouses, single family homes, and a restaurant/tap house. The original plan has been modified and scaled back a few times. The development now calls for 174 residential units among the condos, townhouses and single houses. The restaurant/tap house would be open to the general public. New roads would be constructed. There would be walking trails, tennis courts, and 40 seasonal boat docks open to the public.

Neighbors filed a lawsuit in late February asking state Supreme Court Justice Grace Hanlon to annul, void and vacate the approval of the special use permit for the development; stay any site work, permits or construction until the case is decided; and, if Hanlon agrees, to give instructions on how the town should proceed.

Affidavits from members of Chautauqua Protect, formed by neighbors of the proposed development site, reiterate the arguments made by neighbors over the past couple of years during Chautauqua Town Board meetings .

Kathleem Ontini, who owns a condominium near the project, said she purchased her property because it was in an open, quiet and peaceful space in a low-density area. Her affidavit notes potential light pollution from buildings, docks and the parking area, increased traffic and parking demand, increased boat traffic and dock activity that she said pose a threat to her view of Chautauqua Lake, commercial activity associated with the restaurant – including outdoor seating, music and alcohol-related activities – could all impact the low-density nature of her property.

Robert Huber owns a condominium in The Villas, located on a narrow area between Chautauqua Lake and the proposed Sunset View Planned Unit Development. Huber says he enjoys the natural views, bird watching and water recreation of his property, but said he has concerns the planned project will reduce green space in the area, increase runoff onto his property due to increased hard surfaces and generate noise that Huber says will negatively impact use of his property. Lake access is also at issue.

“The project proposes having a large number of people with a relatively small amount of lake access,” Huber said in his affidavit. “The increased risk of trespass for my property would require me to create barricades to keep unwanted visitors off my property. The increased human traffic will also decrease my enjoyment of recreational activities on the lake and lakefront.”

In July 2023, 1200 Group LLC purchased the former golf course property on Route 430 in the hamlet of Dewittville for $2.2 million. There were additional properties purchased by them as well. The golf course had been closed since 2021. In August of 2024, Ellicott Development, which owns 1200 Group, LLC, revealed its plans for the property, which it described as a resort style community experience. Meetings where the development is on the agenda have been packed with neighbors, many of whom have concerns with the development. Some have argued the development allows for too many people to live there, while others have continually called on town officials to halt the project, saying the property should be donated to a non-profit organization that protects the lake.

The town board has had multiple hearings on the project and it has been backed by the Chautauqua County Planning Board and the town zoning/planning board.

Among the issues Chautauqua Protect raises in its filing is that the project exceeds the maximum density requirement under town laws by including 20 more dwelling units than the minimum lot size under town codes allow; that the subdivision style housing is subject to the town’s standard zoning rules and can’t be part of a Planned Unit Development; and that the development violates “anti-funneling” regulations intended to prevent developments with small areas of Chautauqua Lake frontage to offer lake access to a large number of people. The project has 190 feet of lake frontage but would offer lake access on a first-come, first-serve basis to more than 170 residential units, their guests and the general public.

The lawsuit also argues that town’s approval relies on incorrect legal conclusions, that the project has the potential to create financial burdens on the community and that it will create adverse impacts on adjacent property owners – particularly while Sunset View is under construction – and from part of the project’s use as an AirBnB.

In his most recent filing, Stephen Daly, the attorney representing Chautauqua Protect, argued that a limited court-ordered delay is called for while the court case proceeds.

“Petitioner seeks a narrowly tailored stay of site work, permits, or construction based on the challenged approval pending determination,” Daly wrote. “Under CPLR 7805, the court may stay further proceedings where necessary to ensure judicial review is not rendered ineffectual. The requested stay preserves the status quo and the Court’s ability to grant meaningful relief if the determination is annulled.”

Chautauqua officials haven’t yet filed a response to Chautauqua Protect’s lawsuit.