Buffalo, N.Y. (WBEN) - The City of Buffalo announced on Thursday it has filed a lawsuit in U.S. District Court for the Western District of New York challenging a 2023 decision by the U.S. Department of the Interior that placed the property at 5 Miami Street into restricted-fee status.
The complaint requests that the court review under the Administrative Procedure Act the Department of the Interior’s decision to determine if the decision should be vacated based on a number of errors. The complaint tracks another federal case brought by Grand Island challenging the same issues.
“Today’s filing addresses a separate legal question from the action announced yesterday,” said Corporation Counsel Rosa Alina Pizzi. “The City is asking the federal court to review and provide clarity on the Department of the Interior’s decision. We believe this action is important to the City’s ability to protect the natural and built environment of our communities through municipal zoning, planning, and permitting processes.”
The federal complaint argues the Department of the Interior’s decision did not comply with the requirements of the governing law and that the property did not meet the conditions established by that law for restricted-fee status.
The complaint names the U.S. Department of the Interior, the Bureau of Indian Affairs, the United States Secretary of the Interior, the Assistant Secretary for Indian Affairs, and the United States of America as defendants.
This lawsuit comes one day after the City of Buffalo filed a lawsuit to put a halt to construction of a Seneca One Stop gas station at the property.
