Orchard Park Gas Station Lawsuit: Crosby’s, Rezoning, Approvals

The Orchard Park gas station lawsuit is actually three lawsuits, filed by Abbott Road resident Gary Trella against the Town of Orchard Park over its approval of a Crosby’s fueling station and convenience store near the new Highmark Stadium — and, more recently, over the broader rezoning the town adopted for the stadium area. The cases target zoning variances, a special exception use permit, and the town’s new stadium mixed-use zoning law.¹

Who Filed the Suits and Who Is Being Sued

Trella lives on Abbott Road, directly next to the proposed site. He has filed three separate actions. The first two challenge the special exception use permit and the area variances granted for the Crosby’s project. The named defendants include the Town of Orchard Park, the Town Board, the Zoning Board of Appeals, developer Ellicott Development, and engineering consultant LaBella Associates. The town is represented by the law firm Hurwitz Fine.¹²

Trella initially represented himself and has sought roughly $14,000 in legal fees incurred during discovery.¹

The Project at the Center of the Dispute

Ellicott Development proposes to build a Crosby’s convenience store and fueling facility at 4297 and 4309 Abbott Road, on the southeast corner of Abbott and Big Tree roads, across from Danny’s South restaurant. The plans call for a 4,000-square-foot building with a drive-through window and a six-dispenser fueling canopy. Driveway access on Abbott Road is limited to a right-in, right-out configuration. The parcel is in a B-2 zoning district near the new Highmark Stadium.¹³

A gas station with fuel services is not a use permitted by right in the stadium area. It requires a special exception use permit from the Town Board and area variances from the Zoning Board of Appeals.⁴

How the Approvals Were Granted

The Zoning Board of Appeals granted an area variance on January 16, 2024. In May 2024, the Planning Board moved to seek lead agency status for a coordinated environmental review under SEQRA.⁵ A public hearing was held on July 3, 2024, at which four residents spoke against the proposal.⁶ The Town Board granted the special exception use permit on August 21, 2024, and the ZBA reaffirmed the variances on March 18, 2025.

On February 12, 2026, the Planning Board unanimously recommended that the Town Board approve the site plan and authorize a building permit, subject to conditions that include restricted access, a prohibition on automotive repair, downward-directed lighting, landscaping deposits of more than $10,000, screening for dumpsters, and an independent commercial appraisal for the town assessor.⁷

What the Lawsuits Allege

The first two suits attack the special exception use permit and the area variances issued for the Crosby’s project.¹

The third suit, filed in February 2026, is broader. It seeks to void the “stadium mixed-use zoning” law that the Town Board passed on December 17, 2025, alleging that the town lacks a completed comprehensive plan and that the approval process was flawed. Trella also alleges improper “spot zoning” that favored Ellicott Development and the Buffalo Bills.¹

The comprehensive-plan claim has some factual grounding. The town launched an “Orchard Park Stadium Area Comprehensive Development Plan” in December 2024, and that plan was not expected to be finished until late spring or early summer 2025, meaning the zoning law was adopted before the comprehensive plan was complete.⁸ Erie County also issued a rebuke of the stadium mixed-use zoning because the Town Board voted on it before the county had completed its review, which was to include a threat assessment survey regarding building heights.¹

Where the Cases Stand

In the initial litigation, the town moved to dismiss, with a hearing on that motion scheduled for August 19, 2025.² As of early 2026, the first hearing on the third lawsuit was set for March 11, 2026, and a fact-finding hearing on the first two lawsuits was scheduled for April 1, 2026.¹ None of the three cases has been decided on the merits.

What Neighbors Are Objecting To

At the July 2024 hearing, resident Bob Fessler warned that traffic in and out of the store on game days would be “a mess,” predicting “three-hour traffic jams every week.” Residents also questioned the validity of the developer’s traffic study, doubting that it accounted for actual game-day conditions. Mark Ebeling, owner of Danny’s South across the street, argued the town should prioritize other uses such as hotels for the area.⁶

Beyond traffic, opponents have raised noise, fumes, and late-night disturbances.² Trella has said the planned drive-through menu board and speaker would sit 22 feet from his bedroom window.¹

The game-day traffic concern is not abstract. According to Erie County’s traffic management plan for Highmark Stadium, roughly 20,000 personal vehicles converge on the area during home games, and “backups and delays” are called “inevitable.” Abbott Road is closed to through traffic between Big Tree Road and Southwestern Boulevard for hours before and after games, and Big Tree Road is converted to one-way eastbound operation at that intersection.⁹

The Developer’s Position

Sean Hopkins, the attorney representing Ellicott Development, has argued the store would not draw new traffic to the area but would serve drivers already passing through. “You’re driving by there, it’s convenient to stop on your way home, on your way to work, during mid-day, and then you leave,” Hopkins said.⁶ At the February 2026 Planning Board meeting, Hopkins stated his opinion that the pending lawsuit against the project “has no merit.”⁷

1
Buffalo News. Orchard Park Resident Files Multiple Lawsuits Over Gas Station Near New Stadium
2
WKBW. Neighbor Suing Orchard Park Over Proposed Gas Station Near New Bills Stadium
3
Town of Orchard Park. Town Board Meeting Agenda, July 3, 2024
4
Town of Orchard Park. Stadium Mixed-Use Zoning Plan
5
Town of Orchard Park. Planning Board Meeting Agenda
6
WIVB. Orchard Park Residents Voice Concerns Over Gas Station Proposal
7
Town of Orchard Park. Planning Board Meeting Minutes, February 12, 2026
8
OP Stadium Master Plan. FAQ
9
Erie County Department of Environment and Planning. Highmark Stadium Traffic Management Plan