Buffalo, N.Y. (WBEN) - The political tussle centering on the sale of $110 million bonds needed to help underwrite various Buffalo capital projects could see itself resolved, at least potentially, by the end of this week.
A key, swing factor could be a ruling from State Supreme Court Justice Emilio Colaiacovo, who heard nearly 80 minutes of arguments during a Sept. 22 Article 78 proceeding. Attorneys representing Buffalo Comptroller Barbara Miller-Williams and Acting Mayor Chris Scanlon, along with Fillmore District Councilman Mitch Nowakowski - who is also the Council's Finance Committee chairman - made their respective pitches to Colaiacovo during the hearing.
At issue is the effort by the city to sell $110 million bonds that Miller-Williams said will financially hurt an already fiscally ailing Buffalo.
Scanlon said the capital projects are critical for the city.
The Common Council backed Scanlon this spring by a 6-1 vote - a move that should have allowed Miller-Williams to sell the bonds, but she refused, thus setting up the legal battle that moved from Buffalo City Hall across Niagara Square to Colaiacova's court room.
Miller-Williams, despite being at the hearing, declined to comment.
Terry Connors, the Buffalo attorney representing Scanlon and Nowakowski, says the comptroller undermined her own defense when, on Sept. 18, sold $29 million in bonds to cover some Buffalo Public Schools repairs and a few city infrastructure projects.
"It undermines her credibility," Connors said. "It becomes a waiver of many of her defenses."
Not so, countered William Savino, who represents Miller-Williams.
"She only borrowed for projects that were reimbursable," Savino said. "She had 100% evidence on that point."
Connors says Miller-Williams is within her rights to disagree with going to market with the capital projects bond package, but she can not refuse to follow through on something approved jointly by the mayor and Council.
"She can disagree but she can't deny," Connors said.