New York's highest court rules in favor of Maid of the Mist

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Apr 14, 2015, 10:17 ET

NIAGARA FALLS, N.Y., April 14, 2015 /PRNewswire/ -- The New York State Court of Appeals, New York's highest court, has finalized rulings in favor of the Maid of the Mist and against Hornblower Cruises by refusing to hear Hornblower's challenges to lower court decisions dismissing a lawsuit filed in 2012 by Hornblower. Hornblower sought to challenge the Maid of the Mist's right to construct a maintenance and storage facility on the U.S. side of the Lower Niagara River in Niagara Falls, N.Y.

The Maid of the Mist dry dock facility in Niagara Falls, N.Y., is the off season home to Maid of the Mist VI and Maid of the Mist VII. The New York State Court of Appeals refused to hear challenges to lower court decisions dismissing a lawsuit filed by Hornblower, which challenged the Maid of the Mist's right to construct the facility.

This most recent victory by the Maid of the Mist effectively ends the case, since there should be no further opportunities for appeal. The U.S. Supreme Court can hear cases from the highest courts of the states, but the issue must be constitutional. There were no constitutional issues in the case.

The Court of Appeals refused to review the decisions made by the lower courts. The law is well settled and in favor of the Maid of the Mist and Hornblower failed to raise any issues of public importance. When dismissing Hornblower's claims, the lower courts had previously held that:

"With respect to the substantive merits . . . we conclude that . . . petitioner failed to demonstrate 'a clear legal right' to the relief requested. Contrary to petitioner's contention, we conclude that (New York) Parks, Recreation and Historic Preservation Law § 3.09 does not require competitive, public bidding for the work authorized by the amendment of the license. Contrary to petitioner's additional contention, we conclude that the amendment was in furtherance of Maid of the Mists's 2002 license and the business conducted thereunder, and the amendment did not "so alter[ ]" the terms, 'the essential identity or [the] main purpose of the [2002 license] that it constitute[d] a new undertaking' rendering the work authorized by the amendment subject to competitive, public bidding."

"From the start, it was evident there was no basis for this case, and at every level, the courts agreed," said Christopher Glynn, president of the Maid of the Mist. "The courts were never swayed by baseless claims that the plaintiffs were prepared to pay more for the U.S.A. contract. For the Maid of the Mist, it is now clear sailing as we prepare for another successful season, providing guests from around the world with a monumental experience that is only available in the U.S.A."

www.maidofthemist.com

Contact:
Kevin Keenan
Keenan Communications Group
716-481-6806
[email protected]

Photo - http://photos.prnewswire.com/prnh/20150413/198224

SOURCE Maid of the Mist