A State Supreme Court Justice will decide on Thursday whether construction on a new storage facility for the Maid of the Mist boats can continue.
After a week of work at the Schoellkopf Power Plant on the American side of the Falls, crews were ordered to stop after an injunction was handed down by the courts.
The Niagara Preservation Coalition filed papers saying the project is causing harm to the historical site.
"We have a cultural heritage that needs to be preserved and banked if you will," said Lou Ricciuti, Director of Niagara Preservation Center. "The power plant shouldn't be used as a bargaining chip."
"This project complies with all federal and state laws and we are confident the courts will agree with that perspective," said Pete Gallivan, Director of Communications, Empire State Development.
Now that Hornblower Cruises and Events won a bid to run the tours out of Canada, the Maid of the Mist is in need of a new storage facility on the American side.
The injunction is temporary.
A judge will determine if construction can continue on Thursday.