A judge has apparently cleared the way for the controversial demolition of an old Rochester house - and the construction

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of a new apartment complex in the Kutzky neighborhood. The proposed 83 unit Nicolas Apartments project planned for the 700 and 800 blocks of West Center Street was approved in May by the City Council. There has been controversy surrounding the project due to its lack of parking spaces and two houses that some residents say are historic.

Project developer Mac Hamilton agreed to relocate one of them, known as the Kutzky home. He obtained a demolition permit after no offers were made to relocate the other one, known as the Conley House.

A lawsuit that would prevent the demolition was filed earlier this month by Kutzky resident Glenn Faith, who secured a temporary court order from Judge Robert Birnbaum. The issue went in front of Judge Christina Stevens last week and yesterday, she ruled against Faith’s request for an extension of the initial order and vacated it. She says her ruling was based on “ imminent financial implications. “ Hamilton told the court he faced losses of more than $1.5 million if the project was delayed until next year.

Hamilton says the ruling means he can now proceed with the demolition of the house, something he expects to take place as soon as possible. He hopes construction of the new complex can begin next month. The project schedule calls completion next June.

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