Court denies preliminary injunction against Seneca One Stop

Buffalo, N.Y. (WBEN) - For the second time in the past week, efforts by the City of Buffalo to stop construction on the now-controversial Seneca One Stop project has failed.

Late Monday afternoon, State Supreme Court Justice Donna Siwek denied Buffalo's request for a preliminary injunction aimed at stopping the $10 million gas station/convenience store complex set for Miami Street and as a gateway into the Old First Ward.

It was back on Oct. 19 when Siwek also denied Buffalo's request for a temporary restraining order against the project.

"This is a major milestone and victory," said JC Seneca, Seneca Nation of Indians president.

City officials declined comment citing further litigation.

Siwek sided with the Seneca Nation that the 3.5-acre vacant parcel nestled between Miami, Chicago and Ohio streets was sovereign territory and had federally designated restricted fee status. She also noted the City of Buffalo, in 2023, had a 30-day period to comment on the property becoming sovereign and restricted fee and declined to do so.

"These parcels went through a process and backed by an act of Congress," Siwek said.

Throughout the 90-minute hearing, Buffalo Deputy Corporation Counsel William Rossi contended the city still had rights to review the project.

Rossi cited past cases involving other Indian nations.

"No matter how you define it, this piece of land is in the City of Buffalo," Rossi said.

Seneca Nation attorney Dean Chapman countered that even with the construction underway, his clients have been respectful of the land and surrounding properties.

Siwek said there were merits in both the Seneca Nation and Buffalo's arguments but in the end, the sovereign/restricted fee status was paramount in her decision.

Federal cases remain.

"The city can't use this as an end around," Siwek said.

The Senecas are expected to file a motion to dismiss in State Supreme Court later this week, with hearings tentatively set for December.