RETAILER TAKING FIGHT TO APPEALS COURT.(BUSINESS)

Byline: DANIELLE T. FURFARO Business writer

A Colonie appliance dealer has filed an appeal to a judge's ruling that its neighbors can build facilities for nonretail purposes.

Appliance Giant Inc., which has operated at 711 Troy-Schenectady Road in Latham since 1994, last year filed suit in state Supreme Court in Albany County to halt construction of a new medical arts plaza next door.

A 151,250-square-foot building, part of Capital Region Health Park, is under construction by BBL Medical Facilities of Albany.

The lawsuit claimed that both Columbia 90 Associates LLC, which now owns the site, and Tops Inc., the western New York supermarket …