NIAGARA FALLS — It offers what may be the finest available view of the Niagara River gorge and the falls on this side of the international border.

Yet, efforts to bring life to the ninth floor of the former Occidental Chemical Company Building have sparked a legal war between the Falls and a man who says he’s just trying to develop a landmark property in the South End.

The most recent round of the battle royal between Frank Parlato and city lawyers played out 10 days ago in State Supreme Court. Justice Richard Kloch, in a ruling from the bench after heated arguments, declared the city in contempt of an injunction he had issued that had ordered the One Niagara ninth floor be opened to the public.

The city had refused to allow the observation deck and retail space to open while it appealed Kloch’s injunction.

In the aftermath of the latest Kloch ruling, the ninth floor has been opened to visitors and Parlato and his team say they hope the city will now “negotiate” with them to keep it open.

“One Niagara is an important hub for visitors to Niagara Falls during the short tourist season,” One Niagara President Tony Farina said. “The City of Niagara Falls should be doing everything that it can to help us make this a great destination for tourists, but they’re not. Hopefully Judge Kloch’s ruling can bring us together.”

That may not be likely. Attorneys for the city have already said they intend to appeal Kloch’s most recent decision to the State Supreme Court Appellate Division, Fourth Department, in Rochester.

In the meantime though, the ninth floor, with its spectacular views and a retail store operated by Tuscarora businessman Joseph Anderson, is opened and tourists have been flocking to it. Anderson said that’s what he expected to happen when he partnered with Parlato.

Joseph Anderson’s business continues on the ninth floor of the One Niagara building as tourists take in the spectacular view of the falls on Saturday.

“When I came to the ninth floor, it was a shambles but I saw it as a challenge,” Anderson said. “We need shopping and a 360 degree view (of the falls). For tourists, it’s just great. Instead of a dead space, we have business and employment. My view is business is good. No business, closed businesses, boarded-up buildings, that’s bad.”

Anderson’s store covers 21,000 square feet of space, with the remainder of the floor available as an enclosed observation deck. Anderson said he’d like to eventually see all the floors in One Niagara occupied and bustling,

“I’m not in the (legal) fight. Both sides have their points, but if they could just come together,” Anderson said. “I see the (Rainbow) mall, I see (an under-developed) Third Street, tourists were just going to the state park and leaving. At least now we have a reason for them to stop and stay awhile.”

Parlato has also expressed a desire for reconciliation with the city. The sometimes unconventional developer says he still hopes to create a center for Niagara Falls art on the ninth floor along with other projects within his high-profile building.

“We’ve been on hold over a year. The lawsuit with the city has frightened off some investors,” Parlato said. “I’m astounded they keep fighting to keep this place closed.”

Like Farina, Parlato said he too hopes the city, after the recent setback in court, will chose negotiating instead of litigating.

“We ought to be able to make reasonable accommodations,” Farina said. “We can work all this out, the taxes, everything. We don’t want to throw rocks (at the city). We want to work with them.”