Buffalo, N.Y. (WBEN) - A judge has issued a temporary restraining order on the $1 billion Kensington Expressway project in Buffalo's East Side neighborhood. The New York State Department of Transportation cannot being work until an Oct. 25 hearing on the matter.
"We are quite heartened. The measure for giving a temporary restraining order - which in this case, the court ordered the Department of Transportation not to proceed with any construction activity - the standard is to show a likelihood of success and irreparable injury to our clients, as well as a weighing of the equities," said Alan Bozer, who represents the East Side Parkways Coalition.
According to Bozer, State Supreme Court Judge Emilio Colaiacovo found the coalition satisfied all criteria, and then granted the temporary restraining order that will halt any work until a hearing later this month.
In addition to the $1 billion price tag, Bozer's clients' concern focuses on the community which has extremely high rates of respiratory illness and cardiovascular illness.
"The state wants to go ahead with four-and-a-half years of heavy construction, and blasting and noise and particulates in the air in a community which is already suffering from these illnesses. So they are very happy with this result," Bozer explained.
Bozer says his clients are pressing the state to restore Humboldt Parkway.
"Our estimates are that filling in the current expressway and restoring the Humboldt Parkway would cost approximately $300-to-$400 million," Bozer said. "Those are big numbers, but compared to $1 billion, that would save the taxpayers $600 or $700 million, which is more than pocket change. It would be a big win for the taxpayers to do it differently."
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Bozer says three lawsuits will also be heard on Oct. 25.
"A lot of petitioners and plaintiffs will be coming to court to express their concern, and the judge will be making decisions on the future of the Kensington project," Bozer said. "But this was a step, and it is a big step toward getting where we believe the state should be, and that is you should not go forward with this Kensington Expressway in the middle of the East Side of Buffalo."