Orchard Park, N.Y. (WBEN) - The fight for a Tim Hortons on Chestnut Ridge Road in Orchard Park which has spanned almost ten years could come to an end in the near future.
The Appellate Division of State Supreme Court sided with Ray Miranda, President of Miranda Holdings and owner of several local Tim Hortons, striking down a law in Orchard Park that bans drive-through restaurants in that specific area.
"They affirmed the lower court's decision that the law was enacted not according to the specific standards that were needed, so the law has been struck down and we thought that was the case, because it was hastily put together and we're pleased with the outcome," said Ray Miranda.
Miranda, an Orchard Park resident, has taken the town to the State Supreme Court twice against actions he says are targeting his ability to build the Tim Hortons. Miranda estimates over $200,000 has been invested in the case against Miranda.
"Our last FOIL request that we had put in through Orchard Park showed that the town had spent over $200,000 of taxpayer money towards fighting a project that has been zoned correctly. It's B2 zoning, which includes restaurants with drive-throughs," said Miranda.
The plan to build the Tim Hortons on Chestnut Ridge was proposed in 2013. To this day, the property remains vacant. The Town of Orchard Park, who declined for comment, has on record that their predominant concern is traffic, but the studies that Mr. Miranda paid for shows that they would not be an issue.
"We have had two traffic studies that did not support any issues. There was going to be no issues whatsoever on that corner. The town contracted their own consultant to review those studies which I had to pay for and they confirmed as well that there would be minimal impact to that corner about traffic and in fact, the Department of Transportation has signed off on this project. They are the owners of that road the town is not," Miranda said.
In 2019, the town passed a local law banning drive-throughs in the architectural overlay district. State Supreme Court Justice Jeannette Ogden ruled that the town did not follow the proper procedure to enact it.
The next step for Miranda is getting back on the Orchard Park Planning Board.
"We've requested to be put back on the planning board agenda and the architectural overlay district review board agenda, so we can start the process again. That's pretty much where it stands and we're waiting to see if we're put back on the agenda," said Miranda.
Miranda made the cutoff for the July agenda, so they hope to be representing in July.
"We certainly don't want to bring in another lawsuit against the town for targeting our project, which we believe has been happening because there's talk about the type of business that's being put there for the Tim Hortons. Unfortunately, towns don't have the ability to restrict what types of businesses go where other than what's in the zoning laws. Since we are zoned correctly, they don't get to choose pick and choose," said Miranda.
See the player below to hear more from Ray Miranda: