BUFFALO, N.Y. – A state judge has denied the City of Buffalo’s request to temporarily stop construction of a gas station the Seneca Nation is building on Miami Street, ruling that the city does not have regulatory jurisdiction over the project.
Judge Siwek issued the decision Monday in Supreme Court in Buffalo after hearing arguments on the city’s request for a preliminary injunction.
In her ruling, Siwek said the city did not show a likelihood of success, which is required for that kind of relief.
The judge’s decision turned on the federal government’s designation of the property as having restricted fee status. Siwek said that designation, along with federal oversight of the land, gives the Seneca Nation jurisdiction over the property.
“Because the property is in restricted fee status, the city currently has no regulatory jurisdiction over the project,” Siwek said.
The city had asked the court to order the Senecas to pause construction while the larger dispute over the land and the city’s authority continues. Siwek acknowledged Buffalo’s concerns about zoning, planning and environmental impacts, including the site’s location near the Buffalo River and within the city’s local waterfront revitalization program.
She said those concerns do not give the city regulatory authority over the parcel.
“The sovereign nature of the parcel dictates that the city has no jurisdiction in these areas of concern,” Siwek said.
The judge also noted that Buffalo has filed a separate federal lawsuit challenging the U.S. Department of the Interior’s decision to grant the property restricted fee status. She said that issue must be pursued through the federal case, not the state court proceeding.
The ruling leaves in place the broader legal fight over the property. Construction of the gas station is scheduled to wrap up in June.
After the hearing, Seneca Nation President JC Seneca said he had recently met with Mayor Sean Ryan and hoped the two sides would keep talking.
“I met with the Mayor the other day and hopefully, we’ll continue to have that dialogue to further educate him to have discussion in regard to how we can again work together in the future,” Seneca said.
Seneca also said he had met with the EPA and described discussions about contamination in Niagara County involving EPA Region 2 Director Amanda Lefton and the state Department of Environmental Conservation.
“The EPA Region 2 director was just in town. Just had a meeting with him the other day. He’s on the ground here, as well, working with Amanda Lefton from the DEC in regards to the contamination in Niagara County, and so he’s seeing what’s going on here. He met with us. We had a lengthy meeting with him the other day and he understands and knows what’s going on,” Seneca said.
In response, Ryan said the city respects the court’s decision but disagrees with it and will continue the case through what he called “likely multi-year litigation.”
“We respect the Court’s decision but disagree with the outcome. Being granted emergency action would have provided a quick win for the City, but in its absence we will continue to pursue this case through likely multi-year litigation,” Ryan said.
Ryan also said the city has a responsibility to use zoning, planning, permitting and environmental review to protect neighborhoods and the Buffalo River.
“The impacts of activities on this site do not end at its boundaries, and the City should not be stripped of its ability to protect its residents, neighborhoods, and the Buffalo River,” he said.
He added that he would continue trying to persuade the Seneca Nation that the Miami Street project is not an appropriate use of the land while the city continues its litigation.
“In the meantime, we will continue to pursue litigation to exert the rights of the people of the City of Buffalo,” Ryan said.
