BUFFALO, N.Y. — The increasingly controversial plan to cap a portion of the Kensington Expressway on Buffalo's East Side may face yet another legal road-block attempt.
The neighborhood coalition trying to block it is launching more legal action and also hoping to apply some more political pressure.
2 On Your Side learned the state comptroller's office is now reviewing contracts for actual construction work on the Best Street Bridge/Overpass which some feel could be a preliminary phase of the overall Kensington Tunnel Project.
We have been telling you about numerous lawsuits and now there is another one seeking immediate action. There have also been more appeals to federal officials, including those from the White House, who have previously strongly backed the project.
Last May during his Buffalo tour as Senior White House adviser Tom Perez was asked by Channel 2 about the Biden Administration's support for the Kensington Tunnel Project. Back then he replied, "This project will be completed." Previously, everybody from Senator Schumer to Federal Transportation Secretary Buttigieg to now Congressman Kennedy and of course Governor Hochul all lined up to push for the One Billion dollar project which includes $55 Million in federal funding from the Biden Administration's highly touted Infrastructure Act.
Perez added in May "The reviews have been done and they have been comprehensive and I would argue that they've been very, very inclusive."
But that is really toxic tunnel talk to some neighborhood residents and supporters through the opposition group known as the East Side Parkways Coalition who say ongoing pollution problems and potential property impact issues would just be made worse by the tunnel concept. As one member put it "The inner city Buffalo neighborhood surrounding the Kensington expressway has suffered and will continue to suffer because of it."
With ongoing lawsuits challenging the alleged absence or inadequacy of any substantial state and federal environmental reviews, on Monday there was a new legal filing to stop state-funded preliminary work on the Best Street Bridge. Attorney Alan Broz, who is representing the coalition, said "The temporary restraining order (TRO) we are requesting would stop them from doing that project. Now to be sure that project includes ramps onto Kensington Expressway and work on the expressway itself."
But let's go back to that federal backing for this project which 2 On Your Side specifically asked about. Are they fighting the White House instead of just City Hall with their opposition?
Coalition leader Michael Gainer says they have met with Schumer and Kennedy and spoken with White House staffers. This all happened as members of the group passed out Harris Walz signs in support of the Biden Administration's current Vice President who is now the Democratic candidate for President.
Gainer said, "They're aware of what's going on here and what the opposition is." He added "They were gung ho on pushing this project through because it's a Democratic project. The Democrats need wins - it's a big infrastructure bill. And they want to be able to point to this and say 'Hey - we invested a lot of money on the East Side of Buffalo. Okay - well unfortunately it didn't do the good that they promised it would do."
Gainer also spoke about what he feels may be happening in Albany as his group continues to be in opposition. "We've even heard behind the scenes that the Governor is starting to step away from her support for the project because of the growing opposition to this project in the neighborhood."
2 On On Your Side reached out to Governor Hochul's office and a spokesperson released this statement in response. "As Governor Hochul has said before, this is a once-in-a-generation opportunity to correct one of the most damaging planning injustices of the 20th Century, and we look forward to reconnecting this community soon."
Of course that will not suit the coalition which is also seeking the complete removal of the Kensington Expressway from this neighborhood with restoration of Humboldt Parkway under the original Olmsted Parks plan. That may obviously be an even higher political hill to climb.
Attorney Bozer says a conference with the state before the judge in their case is set for Wednesday with an actual hearing scheduled for October 25th.