BUFFALO, N.Y. — A judge has granted a temporary restraining order, halting construction on the Kensington Expressway until the case can be heard on October 25.
"We showed up today and argued in court, Department of Transportation was there, and the court found in our favor," said attorney Alan Bozer.
In addition, a Kensington Expressway stakeholder meeting that was scheduled for Wednesday night, which was invite only, has been canceled so the NYS Department of Transportation can "re-evaluate the next steps."
"The Court considered three things to get there," Bozer said. "Number one, what is your likelihood of success? Resolved in our favor. Number two, will there be irreparable injury? This is a sick community over there, and four and a half years of construction activity, blasting noise, particulates in the air, and traffic on neighborhood streets, that was irreparable injury.
The East Side Parkways Coalition, along with other community groups are trying to block the project launched legal action in hopes of applying some more political pressure.
The plans call for a cap that will cover the expressway and add 13 acres of green space on top of a tunnel that will still allow for 50,000 cars to access downtown each day.
Detractors of the project, however, strongly believe that upgrades to the state-owned arterials could allow for similar traffic flows into the city.
"Restore humble Parkway, drive that traffic on to Genesee, Broadway, Sycamore streets that have no traffic, that lost all their businesses because they put in the Kensington expressway."
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.
The temporary restraining order went into place before the contracts could be awarded.
In a court filing Tuesday, the NYSDOT argued that taxpayers will pay substantially for any delays for the project, roughly $111,250 per week or $445,000 per month.
"We told the court that was nonsense, that's based on inflation, that's not based on any out of pocket expense," Bozer said. "Number two, they want to spend a billion dollars on this project, we say fill it in, rebuild humble Parkway that will save the taxpayers $700 million."
2 On Your Side reached out to the NYSDOT for comment about the latest ruling. A spokesperson said "The Kensington Expressway project’s environmental process adhered to all applicable state and federal laws. We continue to look forward to advancing this project to reconnect a community that was divided generations ago."
Attorney's for the community groups, as well as the NYSDOT, will return to court on October 25th for another hearing.
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."