BUFFALO, N.Y. (WKBW) — Plans for the $1 billion Kensington Expressway project are still on hold after a state judge ordered to keep the temporary restraining order in place.
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.
Earlier this month a judge granted a temporary injunction, putting the project on hold, at least for now.
"The court today ruled in our favor and in the neighborhood's favor and in Buffalo's favor in granting a temporary injunction," Michael Gainer from the Eastside Parkways Coalition told 7 News earlier this month.
In a packed courtroom on Friday, State Supreme Court Justice Emilio Colaiacovo heard arguments from attorneys for the East Side Parkways Coalition and the state.
Adam Walters, an attorney for the coalition, argued the state didn't do a proper analysis of the impact the 4.5-year construction would have saying residents will have to deal with issues like traffic delays.
"Common sense says there are going to be huge impacts. This is a massive project. They are going to shut down the Kensington to two lanes in each direction maximum during the morning commute. And their own reports, though very hard to figure out, because they are less than three, suggests that the backup is going to go to the city line every morning," Walters said.
Justice Colaiacovo questioned Patrick Omilian, who is representing the state, about this.
Colaiacovo: What about the effect that it's gonna have though around the time that it's being constructed?
Omilian: Exactly there's no significant impact expected.
Colaiacovo: That's hard to believe!
New York Governor Kathy Hochul was in Buffalo in February to announce that the Federal Highway Administration issued a “Finding of No Significant Impact,” that signaled the end of the formal environmental assessment process that began in June 2022.
The attorneys representing the state argue this temporary hold on the Kensington Project — specifically the plan to replace the Best Street bridge — is costing you the taxpayer millions.
"The delay cost based on a $44.5 million contract for that portion is $445,000 a month," said Omilian.
As a result of this, the judge directed the attorneys representing the coalition to pay a $10,000 bond.
After the court hearing — East Side residents were thrilled with the outcome.
"That's why we have a wonderful, outstanding legal team that's guiding this all the way, and we know that they're going to go take us into the finish line," Sherry Sherill said.
"This is not a minority. This is the majority of the East Side community that is standing together and opposing this project and we will continue to do it and we thank the judge for handing the community of victory today," Michael Gainer said.
The judge requested both parties submit short briefings about the preliminary injunction by next Friday.
Both parties will be back in court on November 18th. The bond needs to be paid by November 15th.
