Sam Savarino with one of his attorneys Gerald Walsh. Not pictured, attorney Daniel Bobbett, who spoke on behalf of Savarino in City Housing Court with Judge Durin Roger on Monday afternoon at the Genesee County Courthouse.
After being adjourned several times after failing to appear this past July and August for three cases on the docket before the court for trial, Savarino Construction/Ellicott Station Commercial, LLC was issued a summons last month to appear in court on Monday.
During Monday’s appearance, City Attorney David Fitch deferred the cases to the court and did not take any position on the criminal decisions for failure to appear, which also included some extensive fines according to Judge Rogers.
Rogers granted Daniel Bobbett’s motion to vacate the cases, which allowed the judgement to be nullified and reset the legal status of the case to allow for further proceedings.
Bobbett then provided an update on the residential and commercial projects at Ellicott Station and proposed an agreement and timeline for completion. Bobbett proposed that the residential part of the project would be completed in June of 2026 and the commercial portion in September of 2026. He said there have been 2-3 dozen workers at the residential building working but the commercial portion (40-52 Ellicott), the former DellaPenna building is lagging, “We intend to pull a permit in the next two weeks.”
Fitch told the court, “We’re not agreeing to that, it’s too far off, we’re asking for an update now.”
The permit for the building (40-52 Ellicott) expired. City Code Enforcement officer Doug Randall says the code has changed since 2018. “We need new plans, and the process has to start over.” Originally, the building was going to be a brewery. Savarino is not required to build what the previous plans displayed.
Randall and Fitch were more concerned with the brick building at (40-52) Ellicott than the residential building. They called the brick building a safety concern as there are rotted, broken deteriorated and missing window sashes and frames, a deteriorated roof that admits rainwater, and peeling paint. The City asked that the windows be boarded up immediately.
“The most important thing is safety for the community,” Judge Rogers told Savarino.
“These access points will be taken care of immediately, do you know what I’m talking about? You’re shaking your head.”
“I think I do,” said Savarino.
“Openings along the west wall on the property line, any reason why this can’t be done immediately?”
“That can be done,” Savarino replied.
“How long will it take?,” asked Judge Rogers.
“I will look at the scope of work, within two weeks.”
The violations were originally cited beginning in July of 2024. Randall then asked the court for a plan, timeline on the brick building and if they are going to replace or demolish the building.
“We are one year into this, much of this is caused by the multiple files this is under and the lack of communication. This is going to move along in swift fashion,” Judge Rogers said.
“Everybody will be up to speed by January 12th.”(next court appearance)
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