GOSHEN, NY—Multiple press outlets report that the developer of a proposed more than 3-million/sf Amazon fulfillment center in Slate Hill in Orange County has suffered a setback in court in its attempt to break ground on the project.

New York State Supreme Court Justice Maria Vazquez-Doles upheld the Wawayanda Zoning Board of Appeals denial last June of a needed height variance sought by developer Scannell Properties, which has filed a notice of appeal of the justice’s ruling issued on Dec. 2, News 12 reported. Scannell later applied for and secured a height exemption and site plan approval from the Wawayanda Planning Board.

The project is saddled with litigation in connection with its secured approvals, but also with approximately $80 million in incentives, including a 15-year PILOT, granted by the Orange County Industrial Development Agency.

State-appointed IDA Monitor Brian Sanvidge issued a “Notice of Violation” thereby vetoing the IDA vote on the incentives in late November. The IDA responded on Dec. 15 calling on the State Inspector General to remove the monitor due to his “unlawful” veto.

The project is valued at approximately $607 million and has drawn the support of the Hudson Valley Building & Construction Trades Council.