BUFFALO, N.Y. — Hours before a two-alarm fire ripped through the historic Cobblestone District buildings located at 110 & 118 South Park Ave, Erie County Judge Sheila DiTullio reversed the demolition order issued by Judge Carney in housing court.
Additionally, 2 On Your Side has confirmed that ATF is now providing assistance with the investigation into the cause of the fire.
A spokesperson for the ATF says that "Buffalo Fire has requested ATF to confer as part of their investigation. At this time Buffalo Fire is still the lead agency."
Carr was granted a demolition permit in housing court back in January 2023. The decision was immediately challenged in court.
On June 18th, Judge DiTullio said in her decision that Judge Carney did not have the authority to issue a demolition permit to begin with because the demolition of the two buildings fell under the purview of local preservation laws.
Building owner Darryl Carr, in the eyes of Judge DiTullio, did not properly follow through with an application with the Buffalo Preservation Board.
In a copy of the ruling obtained by 2 On Your Side and dated June 18, 2024, Judge DiTullio said that it "was error for the court below to consider an emergency demolition application over which it had no jurisdiction."
The decision goes on to say that "utilization of this administrative process would have provided defendant-respondent [Carr] with an avenue for review and judicial remedy...in the event he were ultimately denied a demolition order.
Carr tells 2 On Your Side he will be appealing Judge DiTullio's decision.
The fire at the two Cobblestone District buildings took more than 60 firefighters, 20 pieces of equipment and 6 hours to extinguish.
Now, the building is surrounded by fencing as part of the emergency stabilization plan by the city of Buffalo.
The city of Buffalo and Carr have been embattled in an eminent domain case in court for over a year. Sources tell 2 On Your Side that the fire could delay that ruling in the case by months.
This is a developing story and this story will be updated as more information is confirmed.
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