BATAVIA – The written protest to the Campana building apartments proposal has been deemed valid by the attorney representing the city of Batavia.
Attorney Mark Schuster delivered his opinion to City Administrator Laura Newman on Nov. 13.
Robert Byrnes of Batavia Avenue Properties LLC, at 1950 and 2000 S. Batavia Ave. in Geneva, filed the protest three days before the Batavia City Council was scheduled to vote on the plan Nov. 6.
Batavia Avenue Properties shares a property line along the north and northwest sides of the Campana site, 901 N. Batavia Ave., Batavia.
The legal protest triggers a requirement that the zoning amendments for the Campana project be approved by a two-thirds majority of the 14 city aldermen.
That would require at least 10 council members voting in favor of the Campana proposal. Aldermen are locked in a 9-5 split on the issue.
Schuster was reviewing several technical issues related to the filing of the document, including incorrect property identification numbers and whether it had been properly delivered to all the parties.
“The intent was achieved,” Newman said.
The Campana plan will be back before the council Nov. 20.