BUFFALO, N.Y. — Terrence Robinson, a Humboldt Parkway resident and member of the East Side Parkways Coalition, skillfully argued in court that the New York State Department of Transportation did not follow the state Environmental Quality Review Act when they relied on an environmental review that was not very strong.
It's why Robinson is so passionate.
"If there is any study that is required according to the Environmental Quality Review Act within the county of Erie, that does not exceed a five-year, billion-dollar construction project that belches toxic fumes through a neighborhood for the next 40 or 50 years, then how can that policy stand," Robinson said in court.
Judge Daniel Furlong dismissed the motion on procedural grounds.
"The court is going to grant the motion to dismiss. The article 78 provides that a proceeding under this article shall not be used to challenge and determination which was not final at the time when the petition was filed," the judge said.
Robinson said people living in the city and suburbs should be concerned.
"This is an environmental issue this is not compelled to a particular neighborhood or anything," Robinson said. "This is the City of Buffalo. We're moving into the third century of the City of Buffalo in 2032.
"We want this project done. We want it done right and completed by 2030 so that we can move forward in a progressive and and thoughtful way."
The billion-dollar state plan has been approved for a tunnel from Dodge Street to Sidney Street with a cover.
Robinson and The East Side Parkways Coalition want to restore the parkway by filling it in between the two Olmsted parks, Delaware and MLK.
The group plans to appeal.