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Restraining order extended in Kensington Expressway project fight

The lawsuit focuses on whether the state DOT properly studied the impacts of the $1 billion cap and tunnel plan for the Kensington Expressway.

BUFFALO, N.Y. — A judge presiding over a case between the New York State Department of Transportation and a coalition of organizations and East Side resident has extended a restraining order that is preventing construction of the Kensington Expressway project from starting.

Judge Emilio Colaiacovo extended that restraining order unto Nov. 15.

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The lawsuit focuses on whether the state DOT properly studied the impacts of the $1 billion cap and tunnel plan for the Kensington Expressway.

Additionally, Judge Colaiacovo also risked that the plaintiffs must post a $10,000 bond after the DOT argued the construction stoppage is costing the state $445,000 per month.

More than 50 supporters of the East Side Parkways coalition were in attendance for the hearing.

Attorneys for both sides were able to explain the merits of their case to the judge, but Colaiacovo frequently asked questions of his own, specifically focusing on the overall impact of the project.

The judge ruled that both sides need to provide a 15-page memorandum of law by Nov. 1st.

The next hearing on the matter is set for Nov. 18.

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