Buffalo, N.Y. (WBEN) - The massive Kensington Expressway project remains stuck in limbo, as a temporary restraining order issued by a State Supreme Court judge has halted any forward progress since October.
Back in November, Justice Emilio Colaiacovo heard arguments on whether to allow New York to resume preparations for the $1.5 billion project, and a ruling on the lawsuit is expected in the near future.
Terry Robinson, a member of the East Side Parkways Coalition and one of the individuals who had filed a lawsuit against the State Department of Transportation (DOT), is unsure of when a potential ruling may come down from Justice Colaiacovo, but feels Colaiacovo has been very discerning and forthright about this case.
"That judge has already said, 'When I gave you this preliminary injunction, I recognize that there's a lot at stake here, that some people will be irreparably harmed if we make the wrong decision that everyone has a right to,' kind of see the full picture, before we go forward. He said that, and I think in that regard, we're going to be in better shape than when we went in, one way or another," said Robinson on Wednesday with WBEN. "Now, how far and how fast he can go on making things, if you will, right, there's a lot of pressure, there's a lot of consequences up front on that. But if there's ever a time to spend money wisely and get good results from the money you spend, that's what this project is about."
The East Side Parkways (ESP) Coalition is opposed to the NYSDOT’s plan to dig further into the ground surrounding the expressway and provide a tunnel for traffic to still travel through the city. Rather members of ESP prefer to see the expressway filled in, allowing for the restoration of Humboldt Parkway that connected Delaware and MLK Parks several years before the 33 was put in place.
Robinson admits he was surprised the coalition didn't hear anything definitive from Justice Colaiacovo last week, but understands there's a lot at stake with this case.
"I don't think it's his decision," Robinson said. "People want to kind of throw political spitballs on this kind of stuff, and this is a huge billion dollar project, it's environmentally super significant, and it's very, if you will, local, but we're not getting local support from our duly elected officials to do the right thing here. That's the problem."
When this case started, Robinson had asked Justice Colaiacovo to ask the State DOT to act in accordance with the law when it came to the Type 1 SEQR environmental review.
Since then, Robinson can see other problems that many people across New York are having with some of the actions taken by New York State and other initiatives like logging in Zoar Valley, or the push for wind turbines.
"We're beginning to see how we're having a local crisis, if you will, all around, and the only people being really hurt are the disadvantaged, the less well off, if you will. It's a community thing," Robinson said. "This is as raw, in a way, as it can be when you look at who benefits, who's listened to, and how it happens and who suffers. There's no doubt about this environmental disaster coming my way, directly, that you want me to co-sign, and then you cut me out of it on top of it. It's what's happening. It's, as far as I'm concerned, a 'Local Hochul' disaster, in terms of the environment all around."