BUFFALO, N.Y. — Two philanthropic organizations have been providing the funding for the legal fight between community organizations and the New York State Department of Transportation over the $1 billion Kensington Expressway project.
2 On Your Side has confirmed that the Margaret L. Wendt Foundation and The Baird Foundation have collectively contributed $75,000 to the East Side Parkways Coalition, and other organizations.
"The Margaret L. Wendt Foundation trustees unanimously awarded a $50,000 grant to the Eastside Parkways Coalition in August to cover legal fees related to the organization’s action designed to ensure an environmental impact statement is completed, consistent with New York state’s own regulatory requirements. This grant reflects our commitment to doing good for Western New York by supporting transparency and responsible development practices, especially in cases with potential negative environmental impact,” a spokesperson for the Margaret L. Wendt Foundation said.
Judge Emilio Colaiacovo on Oct. 25 extended a temporary restraining order that is preventing a West Seneca construction company from starting work on the Best Street bridge, which is part of the Kensington Expressway project.
Lawyers for the state argued that the temporary restraining order is costing the state $445,000 each month in work stoppage losses. The state requested the plaintiffs post a $445,000 bond as a result of the temporary restraining order.
Judge Colaiacovo agreed to a $10,000 bond and the organizations that filed the lawsuit have until Nov. 15 to pay that bond. It is presumed that money collected by these two foundations, and other donations, will pay for the bond.
It is possible, if Judge Colaiacovo rules in favor of the state, that additional damages would need to be paid to the state.
The next hearing in the matter between the East Side Parkways Coalition and NYSDOT is set for Nov. 18.
