PORT JERVIS - A lawsuit against the City of Port Jervis by 100-200 Skyline Dr., LLC, has brought to a halt efforts to build a construction debris recycling and metal fabrication facility on Skyline Drive, according to Port Jervis Mayor Kelly Decker.

The company is an offshoot of U.S Crane and Rigging, LLC, owned by Tom Auringer and based in Brooklyn.

The company purchased the 26-acre site in September 2016.

The lawsuit contends that the city planning board overstepped its rights by requiring the company to pay for city infrastructure improvements to have their proposal approved.

The city received the lawsuit on Nov. 27, 2017, said Robin Waizenegger, city clerk treasurer.

“In general, we thought we were moving in the right direction with US Crane and their planners,” Decker said. “Basically the conversation stopped when they wanted more tax breaks, and we disagreed. We then received lawsuit papers.”

The lawsuit was prepared by attorney Joseph Nacca of Bond, Schoeneck, and King, PLLC, in Rochester.

At a public hearing for site plan approval last May, according to lawsuit papers, “the city advised that site approval would be conditioned on Skyline and the City reaching an agreement with respect to these (infrastructure) improvements. The City did not indicate, however, that reaching such an agreement would require that Skyline assume the costs of such improvements.”

On May 16, 2017, William Bavoso, Port Jervis corporation counsel, sent Skyline a list of improvements sought by the city, according to the suit.

Those included rebuilding Skyline Drive for heavy truck usage, replacing guard rails and drainage, then paying half the cost of repaving and repairing guard rails and drainage after 10 years.

Bavoso’s explanation was that the road is “minimally used” now and would become a maintenance priority for the Department of Public Works, according to the suit.

Bavoso also requested that Skyline install a new water line and pump from the water plant to the Skyline facility and seal or replace the sewer main from the facility to Route 42/97.

In the suit, Nacca says that Skyline offered to pay for the improvements if the city would reimburse the cost through tax abatements, but Bavoso responded with requirements that Skyline pay all costs, including engineering costs incurred by the city, noting that a lawsuit would result if Skyline failed to follow through.

The city provided no reports or studies explaining the necessity of these improvements, Nacca contends, while noting that the infrastructure involved is already known to be in need of repair.

He also noted that the infrastructure is off-site and would serve others in the area.