The appeals court has said that the Atwater house is NOT in a historic area nor is the house itself historic and the judge ruled the city did not consider those circumstances when denying the demolition permit for a certain someone to expand their restaurant.
Now here is the interesting part.
1) The Atwater House was the first house built on that block on this end of Elmwood, as discovered by maps at the Erie County and Buffalo Historical Society on Elmwood and Nottingham Tr.
2) As reported by Wikinews

3) Recently, in the past few years, an old oil company was unearthed in an archaeological dig in the Erie Canal in Downtown Buffalo that was owned and operated by Edward Atwater who founded the first oil company in Buffalo and also was owner and live in resident of the Atwater house, also reported by Wikinews.
All this information has been ignored by the courts and in fact no one has bothered to even research this property as much as I have. I would not be surprised if no one has even researched the deed on the Atwater house. If Svarino stopped the hotel based on deds that said no businesses, hotels of "anykind whatsoever" then I wonder what the Atwater house deeds say??
In any event, it seems that the fight is over. But if you think a petition would help, someone has set up one on petition.com, which was there during 2003ish when the battle first begun, Sign it to save the Atwater house:

I am not sure who started it but it needs to be updated. Please sign it and spread the link as far as you can.
The thing to remember about Polls like that (not that I took it or read it) is that they are kinda faulty or missleading sometimes. It has been said on the site many times (and I agree with it) that most media is biased. However most media outlets will never admit it. Most people who watch MSNBC agree on some issues. The same can be said about Foxnews or any other news outlet. For the survey to be really fair what you would have to do is have it on multiple media sources and then have each media source reveals the numbers. It is also possible to write questions in a way that leads people to the answers you want given.