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Appellate court rules in favor of the City of Buffalo in eminent domain case

Now the city is awaiting a decision from an Erie County judge on whether the current owner has the right to demolish the buildings.

BUFFALO, N.Y. — An appellate court has ruled in favor of the City of Buffalo in an eminent domain case.

Mayor Byron Brown's administration said it began the process on 110 and 118 South Park Avenue to protect the property from being torn down.

Now the city is awaiting a decision from an Erie County judge on whether the current owner has the right to demolish the buildings.

The city issued a statement following the decision.

"The Brown Administration commenced an eminent domain proceeding to acquire 110-118 South Park to protect the property from further blight, deterioration and to enable redevelopment," the city said.

"Today, the Appellate Division Fourth Department ruled in favor of the City of Buffalo’s determination to condemn the parcels. The Appellate Division’s decision moves the city closer to the preservation, development, and revitalization of this important historic building in the Cobblestone District. 

Buffalo Common Council member Mitch Nowakowski, who represents the Fillmore District, spoke with 2 On Your Side about the ruling.

"The hope is that we are issued a favorable ruling from Judge DiTullio on the appeal of the demolition order," Nowakowski said. "And once we move forward from that, the city can then take it into its inventory, it can choose a few options to stabilize it, or put it in an RFP and solicit owners or potential buyers to be able to send stabilization plans, to be able to redevelop those buildings."

The effort for the city to take over 110 and 118 South Park Ave has been led by Nowakowski since September of 2022. 

   

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