The City of Buffalo has filed a lawsuit seeking to halt construction of a proposed Seneca One Stop gas station and truck stop in the Old First Ward, escalating a dispute over municipal oversight, environmental review and the Seneca Nation’s sovereignty.
Mayor Sean Ryan announced the lawsuit Wednesday, Oct. 7. The case was filed in New York State Supreme Court and concerns property at 5 Miami St., near Ohio Street and the Buffalo River.
The city is asking the court to stop construction until the Seneca Nation submits permit applications and completes reviews the city says are required for the project.
City cites environmental and infrastructure concerns
According to city officials and the lawsuit, the proposed development would include a large fueling operation on a roughly 3.8-acre site. Public descriptions of the project have referenced 26 fueling stations, a convenience store and a dispensary. The city has also described the proposal as a 28-bay gas and diesel-fuel depot.
Buffalo argues that the development could affect nearby roads, public infrastructure, the surrounding neighborhood and the Buffalo River. The city’s complaint also alleges that site preparation disturbed potentially contaminated soil and moved soil or other materials onto adjoining properties and toward the river.
The property is in an area shaped by decades of industrial activity and environmental cleanup. It is also within Buffalo’s Local Waterfront Revitalization Area, where the city says projects must be reviewed for consistency with waterfront planning and protections.
City officials say the project would require several approvals, including a building permit, traffic analysis, special-use review, a possible use variance and environmental review.
“This project would have a major impact on the surrounding neighborhood, the Buffalo River, and the public investments we have made in this part of Buffalo,” Ryan said in a statement announcing the lawsuit.
The city has pointed to an $11.3 million reconstruction of Ohio Street that converted the roadway from a four-lane commercial route into a two-lane waterfront corridor with pedestrian and bicycle infrastructure, landscaping and other public improvements.
That investment was intended to support new housing, restaurants, breweries, recreational destinations and other development along the waterfront. The proposed fuel depot would be located near businesses, public spaces and event venues in the Old First Ward.
Seneca Nation disputes city’s authority
The Seneca Nation has rejected Buffalo’s position and says the project is being built on Seneca Nation land.
In a statement reported by WKBW, the Nation accused Ryan of attacking Seneca sovereignty and said a city stop-work order had no authority over the property. The Nation also disputed the city’s characterization of the project as a truck stop and said it would continue developing its land to create economic opportunities and local jobs.
Seneca Nation President J.C. Seneca previously said the development would generate economic activity and help ease congestion at the existing Seneca One Stop near Michigan Street.
The central legal question includes the status of the Miami Street parcel and whether the city can apply its permitting and land-use requirements to the project. Buffalo has argued that the property does not qualify as restricted-fee land under the Seneca Nation Settlement Act and that the Nation must comply with municipal requirements.
The Seneca Nation has disputed that argument. Reporting by WIVB said the Nation provided a letter from the U.S. Department of the Interior stating that the parcel had restricted-fee status after meeting the requirements of the Settlement Act.
Ryan has drawn a distinction between restricted-fee status and sovereignty, saying the legal designation does not resolve whether other laws and review requirements apply.
President Seneca issued a statement regarding the lawsuit :
“In Sean Ryan’s latest attack against the Seneca Nation’s sovereignty, he has now filed a lawsuit against the Nation’s ability to develop our sovereign land. Yesterday, a Stop Work Order from Kevin Coyne of the City’s Department of Permit & Inspection Services was posted at the Nation’s sovereign property on Miami Street. The City, and especially the Mayor, simply do not get it. That land is Seneca Nation land – now and forever.”
“Sean Ryan likes to throw out inaccurate and purposely misleading language about City requirements, and even continually mischaracterizing our project as a truck stop, when he knows, and when the public has seen that is not the case. His lies and continued hostility toward the Seneca Nation regarding our land are nothing short of a purposeful distraction.”
Construction began in September
The Seneca Nation began construction activity at the site in September, according to local reports. Buffalo sent a cease-and-desist demand on Sept. 28 and later posted a stop-work order, but construction activity continued, according to the city and WBEN.
The lawsuit now moves the dispute into court, where a judge will decide whether construction can continue while the broader legal questions are considered.
The case also revives longstanding tensions between Buffalo and the Seneca Nation over development, jurisdiction and the use of land connected to the Buffalo Creek area. For the city, the lawsuit is focused on environmental protection, public infrastructure and the future of the waterfront. For the Nation, the dispute involves its authority to develop property it considers sovereign land.
No ruling had been issued as of Wednesday’s announcement.
