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Judge: Seneca gas station construction can continue

Attorney Ralph Lorigo thinks the Seneca Nation of Indians has won an early legal round against the City of Buffalo

Judge: Seneca gas station construction can continue

The Seneca Nation of Indians can continue to build the Seneca One Stop location in Buffalo

Jim fink/WBEN

BUFFALO, N.Y. (WBEN).......Efforts by the City of Buffalo to have a court-ordered temporary restraining order issued against the controversial Seneca One Stop project has suffered a legal loss.

Buffalo's request for a TRO against the $10 million Seneca One Stop project on a gateway Miami Street parcel that serves as gateway into the Old First Ward was denied by State Supreme Court Justice Donna Siwek.




Siwek has set an Oct. 26 hearing on Buffalo seeking a permanent injunction against the project.

That denial could hurt Buffalo's legal battle against the project says prominent local attorney Rlph Lorigo.

"The city has not gained any ground, " Lorigo said. "In fact, they probably lost ground."

On several legal fronts Buffalo is attempting to halt or even, outright stop the project from advancing.

"Buffalo is now facing a longer road," Lorigo said.

The Seneca Nation of Indians, who are developing the project, say they are building it on sovereign territory and needed no city approvals.

Buffalo counters, the project still needed various city approvals and chances are, given its location leading into the Old First Ward, the Seneca One Stop development never would have received any backing from the city agencies.

Seneca Gaming acquired the vacant triangular parcel between Miami, Chicago and Ohio streets in late 2022. A few months later, the federal Department of Interior approved the parcel's restricted fee/sovereign status and then Mayor-Byron Brown approved the designation.

"The city doesn't have a strong case," Lorigo said.

In fact, Lorigo said he expects the Senecas to file a motion to dismiss all of Buffalo's legal attempts within the next few weeks.

"That is coming, at some point," Lorigo said.

Shortly after construction started in late August, Mayor Sean Ryan attempted to stop the development including ordering a cease-and-desist order than the Seneca Nation said had no bearing on the project.

The project will feature 26 regular and diesel fueling stations, a fast food restaurant, convenience store and a cannabis dispensary.

It will replace a nearby Seneca One Stop complex on Michigan Avenue.

The project, which will employ at least 50 people, is set to be completed by July.

Attorney Ralph Lorigo thinks the Seneca Nation of Indians has won an early legal round against the City of Buffalo