BUFFALO, N.Y. — Attorney's for the East Side Parkways Coalition, the WNY Youth Climate Council, and residents who live in the neighborhoods near the Humboldt Parkway made their final arguments in the Kensington Expressway special proceedings on Monday morning in state supreme court.
Lawyers from the Attorney General's office that are representing the New York State Department of Labor also made their case before Judge Emilio Colaiacovo makes a decision in the matters.
The three separate proceedings were focused on whether or not the state violated public trust doctrine when the Kensington was first built, whether or not the state is violating the climate act by building infrastructure that will increase air pollution and greenhouse gases, and whether or not the DOT violated the State Environmental Quality Review Act by not conducting a thorough environmental impact statement (EIS).
During oral arguments on Monday, Judge Colaiacovo once again pressed attorney's for the NYSDOT about the department not conducting an EIS.
"You can't build a Tim Hortons in Orchard Park without an EIS," Judge Colaiacovo said. "If the state has bothered to do the EIS from the beginning and came to the same conclusions petitioners who really have no argument, at least on that lawsuit itself.
On Friday, November 15th, Judge Colaiacovo issued a preliminary injunction in the matter involving the EIS, which means the NYSDOT cannot begin any work on the $1B cap and tunnel for the Kensington Expressway while legal proceedings are ongoing.
"The state, by not abiding by the requirements to do the EIS, caused this delay," Judge Colaiacovo said. "I can't imagine that the state didn't predict that there would be some court action to prevent those projects from going forward."
Supporters of the East Side Parkways Coalition, and other community groups that have filed lawsuits against the DOT, were present during the hearing to show their support for the effort.
"It has damaged the east side of our city, It has damaged the city of Buffalo, it has harmed Humboldt Parkway neighborhood residents," said Sherry Sherrill, a member of the ESP Coalition. "The only sane, logical and healthy solution for the Kensington expressway is to retire it and to remove it and to return Humboldt Parkway back to the residents of Buffalo."
The hearing lasted roughly two hours, with both sides slugging out legalese with respect to their positions on the matters.
Attorney Adam Walters was pleased with Judge Colaiacovo's decision on November 15, granting the preliminary injunction.
"They made a decision to try and kind of end run things avoid doing that deeper analysis," Walters said. "It's that very analysis that's really going to protect this neighborhood. So it has to be done."
Attorney Alan Bozer, who is focusing on the potential violation of the public trust doctrine in a separate proceeding. The implications of a favorable ruling in that matter could be set a new precedent, legally at least, as to how parkland is defined.
"If the court finds that this was parkland, and in as much as the state concedes there was no statute passed by the legislature to destroy and alienate the parkland, then the judge is in a position to declare it was parkland and it really should be restored as parkland," Bozer said.
After hearing all parties on the numerous proceedings, Judge Colaiacovo reserved his decision on these matters for later date, stating that he has 60 days to issue his decision.
While the preliminary injunction is in effect, the NYSDOT can not begin any work on the Kensington Expressway.
In a statement, a spokesperson for the NYSDOT told 2 On Your Side that the "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 today’s judicial decision. We will have no further comment at this time.”