The City of Buffalo's legal arguments in State Supreme Court to stop the Seneca Nation's construction got a resounding rejection from Judge Donna Siwek.
Attorneys for the city requested a preliminary injunction over development at the Miami Street parcels, a site which has come under intense scrutiny from city officials since September.
Much of the city's arguments relied on interpretations of past high-level court cases against other Native nations around New York, and the zoning of the Old First Ward as a Local Waterfront Revitalization area.
"This is such a disruptive land claim," argued Buffalo deputy corporation counsel Will Rossi. "We have a project in a particular regulated area that the city of Buffalo has spent decades, millions of dollars, and the collective brain power of City Hall in its Strategic Planning Office."
The judge noted the city could have made those comments during a 30-day window with the Department of Interior in 2023, but Rossi confirmed the city submitted no such objection.
Attorneys for the Seneca Nation, led by Dean Chapman, argued the Seneca Settlement Act of 1990 was put into place by Congress for a reason.
"Congress found that the federal and state governments have agreed that there is a moral responsibility on the part of both governments to help secure a fair and equitable settlement for past inequities against the nation," said Chapman in court. "Congress declared the Settlement Act would resolve the past inequities and promote economic self-sufficiency for the Seneca Nation and its members. That's all we're trying to do."
The city repeated concerns of environmental quality unknowns in the area. The parcels and surrounding land saw heavy industrial-use for decades. The Seneca Nation said they've done environmental testing under their own Environmental Protection Department, and have been in contact with the DEC and EPA.
Rossi voiced concern with that oversight, claiming that the nation's Environmental Planning Department would only look out for "protection of Seneca Nation territory" and not surrounding areas.
"I think environment's important to all of us," said Seneca Nation President J. Conrad Seneca after the court decision. "[The city] could be setting up monitoring stations if the dust was blowing in a certain way or into the river. They could be monitoring those things on city property right now, and they're not."
After more than an hour of oral arguments, Judge Siwek rendered her decision following a five minute recess.
"We acknowledge that the city's concern regarding zoning, planning and environmental impact are reasonable. However, the sovereign nature of the parcel dictates that the city has no jurisdiction in these areas of concern," Siwek said in part. "The property is in restricted fee status. The city currently has no regulatory jurisdiction over the project, and the parcels are sovereign land subject to tribal and federal regulation. Therefore, the city of Buffalo's request for a preliminary injunction is denied"
President Seneca, a defendant in the case along with all members of the nation's council, said the decision felt like a vindication, but more legal battles lay ahead.
"Courts haven't always been friendly to the Seneca Nation or other Native nations, but here we stand on solid ground," he said. "We have great legal representation at Seneca Nation level, at the national level, to be able to articulate these positions, and we have case law in our favor. We will fight till the end because we're right and we're going to win."
Defense attorneys say they will file a motion to dismiss the state court action, with a return date expected in December. Meanwhile, construction continues on the site, with a projected completion of summer 2027.
The city is also waging a separate legal battle against the Department of Interior and other federal agencies for the 2023 decision to put the Miami Street parcels into restricted fee status.
"Mayor [Sean] Ryan came into office. He didn't even know it was restricted fee. He couldn't even fathom that, couldn't understand that," said President Seneca. "We tried to give him information, tried to show him that, but again, he didn't understand that. He was uneducated. So I hope he gets the education today."
Ryan released a statement following the court decision, pledging that the city will continue waging what he admits is "likely multi-year" litigation over the gas station project.
"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 wrote. "The City has the responsibility to protect the health, safety, and character of its natural and built spaces through municipal zoning, planning, permitting, and environmental regulatory processes. 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. I will continue to try to work to convince the Seneca Nation that this project is not an appropriate use of this land. In the meantime, we will continue to pursue litigation to exert the rights of the people of the City of Buffalo.”
