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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 residents has extended a restraining order that will prevent construction of the Kensington Expressway project from starting.

Judge Emilio Colaiacovo extended that restraining order until 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 ruled that the plaintiffs must post a $10,000 bond after the DOT argued the construction stoppage is costing them $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.

In a statement responding to the ruling, Governor Kathy Hochul's Office said: "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."

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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