A mid-level appeals court has upheld the Town of Guilderland's approval for a planned Costco store next to Crossgates Mall.

ALBANY — A midlevel appeals court on Thursday upheld the town of Guilderland’s approval of a planned Costco Wholesale store and an apartment complex near Crossgates Mall, dealing a blow to opponents and potentially clearing the way for the long-planned project to move forward.

A lawyer for Save the Pine Bush, a group opposing the project, had argued in March that the development would among other things create environmental problems in the area, which is near the Albany Pine Bush Preserve. Todd Ommen, the Pace University lawyer representing Save the Pine Bush, also argued that the project had been improperly approved.

But judges in the Third Appellate Division disagreed, ruling that the town and its planning board had thoroughly reviewed the environmental impacts. And even though one of seven Planning Board members had resigned before the board gave the project site approval in October 2020, six votes in favor were still adequate to make the decision.

“Although petitioner continues to argue that the studies upon which the Planning Board based its findings were incomplete and inaccurate, we cannot conclude that its decision to rely upon them was irrational, nor may we substitute our judgment as to the accuracy of the data presented,’' the appeals court wrote.

“We perceive no reason to depart from our prior decision upholding the Planning Board's SEQRA determination.” SEQRA is the State Environmental Quality Review Act that mandates an ecological study of such projects.

The town was defended by Supervisor Peter Barber and Town Attorney James Melita. Pyramid Management Group, owner of Crossgates Mall, was defended by Robert Rosborough of Whiteman, Osterman & Hanna.

The case, which was argued in March, had been placed on a fast track since Costco has said too many delays could endanger the project. Save the Pine Bush attorney Ommen said the group may try to bring the case to the state Court of Appeals, but there is no guarantee that New York's highest court will hear the case.

It remained unclear on Thursday morning if the opponents would try to appeal to the Court of Appeals. The developers want to build a 160,000-square-foot Costco store and gas station next to the mall as well as 222-unit apartment complex along Rapp Road. 

Barber in an email said this was the second such lawsuit that has been rejected by the courts. And he noted the judges also rejected arguments about the project adding to greenhouse gases. That's because the project included provisions for walkability and public transit use in the area.

rkarlin@timesunion.com • 518-454-5758 • @RickKarlinTU

Rick Karlin covers the environment and energy development for the Times Union. Has previously covered education and state government and wrote about natural resources and state government in Colorado and Maine. You can reach him at  rkarlin@timesunion.com or  518-454-5758.