Attorney Stephen Daly, right, speaks at the Chautauqua town Zoning Board of Appeals meeting on April 21. The decisions made in that meeting are now being challenged in state Supreme Court. P-J file photo by Gregory Bacon

A third lawsuit has been filed in state Supreme Court over Sunset View, a condominium development proposed in Dewittville at the former Chautauqua Point Golf Course.

Chautauqua Protect filed an Article 78 challenge in state Supreme Court late Wednesday seeking annulment of three zoning code interpretations made April 21, 2026, by the Chautauqua town Zoning Board of Appeals. Attorney Stephen Daly, representing Chautauqua Protect, an association of local residents concerned about the proposed development, had alleged that three of the code enforcement officer’s interpretations of the zoning code were incorrect. Daly didn’t ask Zoning Board of Appeals members to overrule the town board’s decision for a special use permit; instead he wanted the zoning board to review the code officer’s interpretations, arguing that their decision would “set precedent” for future projects.

On the first issue, the zoning code sets a maximum density requirement for Planned Unit Developments, which is what Sunset View is classified as. The development calls for a number of single family homes, townhouses, condominiums, along with a restaurant/tap house. There would also be a public dock. Secondly, Daly argued that the zoning code’s subdivision regulations were not applied to Sunset View. The third objection was regarding the public dock, saying the zoning code has strict “anti-funneling” regulations, designed for safety.

Daly raised a fourth issue in Chautauqua Protect’s court filing on Wednesday – that the Zoning Board acted in violation of lawful procedure with the way it handled its April 21 decisions. The board issued one bulk determination, while Daly argues the Zoning Board of Appeals should have issued three separate and distinct decisions on each of the challenges Chautauqua Protect raised during the meeting.

Chautauqua Protect is asking the state Supreme Court to vacate the April 21 decision denying Chautauqua Protect’s interpretive appeal, declare the three Zoning Board interpretations as unlawful and to send the decisions back to the Zoning Board of Appeals for further proceedings; and to direct the Zoning Board to issue specific decisions of each interpretive ruling or render determinations supported by reasoned elaborations.

“The ZBA determination reflects a predetermined, pre-packaged affirmance rather than a reasoned, issue-specific adjudication, as evidenced by the absence of issue-by-issue voting notwithstanding petitioner’s request; issuance of a bulk affirmation ‘in entirety’ immediately following the hearing; and the absence of recorded deliberation or reasoned consideration by the ZBA members at the close of the hearing or before the vote as to any of the three legal issues. The ZBA’s process deprived petitioner or meaningful administrative review of three distinct legal questions and resulted in a determination that lacks reasoned elaboration and reflects a failure to exercise the ZBA’s independent judgment,” Daly wrote in Wednesday’s court filing.

Chautauqua Protect has filed a challenge to the town code enforcement officer’s determination that the project complied with town zoning laws. That appeal is still pending. The group is also challenging the Chautauqua Town Board’s enactment of Local Law 2 of 2025 which authorized the project’s commercial use. That case was filed on Jan. 14. A Feb. 13 court filing asks the state Supreme Court 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. No decisions have been issued in the first two lawsuits, though lawyers have been making arguments in court filings since they were filed.

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.

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.