BUFFALO, N.Y. (WKBW) — Attorneys representing the East Side Parkways Coalition and attorneys for the state shared final arguments on three separate proceedings regarding the Kensington Expressway project in State Supreme Court on Monday.
The project was announced in May 2022 and includes fully covering a portion of the expressway and making it a six-lane tunnel between Dodge and Sidney streets.
Last month, a judge granted a temporary injunction, putting the project on hold.
The project was put on hold after State Supreme Court Justice Emilio Colaiacovo granted a preliminary injunction concerning the environmental impact statement (EIS) for the project.
The attorneys representing the coalition are challenging the state’s findings, arguing that the assessment of the environmental impact the project would have on the neighborhood is insufficient. The judge ruled in their favor.
Sherry Sherrill, a resident of Buffalo’s East Side, shared her thoughts on the case.
"We feel that there's a lot of reason to be hopeful," she said.
In his ruling, Justice Colaiacovo wrote, "It is baffling how the State, which portrays itself as the guardian of the environment, cut corners and ignored rules that any other developer would be required to adhere to." He also noted that "This project will undoubtedly cause traffic disruptions, emit greenhouse gases...and otherwise impair local neighborhoods."
"There’s lots of reasons for an EIS. There’s all these dire adverse health effects that the Kensington Expressway has brought, and it’s been 69 plus, roughly plus, years of its existence," Sherill said.
In court, the state responded to the judge's decision.
"This was an extremely thorough EA. The DOT looked at all the environmental impacts that it identified through analysis, and at the end of the day, I don’t believe there would be a different result through an EIS process," Patrick Omilian said.
Both parties are scheduled to return to court in January. Meantime, Justice Colaiacovo stated that he has 60 days to make a decision on these motions and that he will need all of that time.
I did reach out to NYSDOT about the preliminary injunction and received this statement:
New York State remains committed to the Kensington Expressway Project, which from its very beginnings has been a community-driven effort intended to reconnect the neighborhoods of East Buffalo, provide much-needed greenspace, and restore the quality of life and vibrancy that was taken from the community decades ago. The State is reviewing the judicial decision. We will have no further comment at this time.
