BUFFALO, N.Y. (WBEN).......Having lost two key legal battles - both within one week of each other - has some Buffalo Common Council members wondering if Mayor Sean Ryan needs to rethink its strategy when it comes to fighting the controversial Buffalo One Stop complex.
"It's a waste of time and a waste of taxpayer's money," said North District Councilman Joseph Golembek.
State Supreme Court Justice Donna Siwek - on Oct. 19 and, again on Oct. 26 - shot down Buffalo's attempts to get a temporary restraining order and then a permanent injunction against the $10 million gas station/convenience store complex under construction on Miami Street and leading into the Old First Ward.
Buffalo contends the project needs various city approvals even though it does sit on federally-designated Seneca Nation of Indians territorry.
"At the end, it is still in the City of Buffalo," said William Russi, deputy corporation counsel during an Oct. 26 hearing before Judge Siwek.
Not so, the Senecas counter - citing its federally-designated restricted fee status that allows them to develop the complex.
Golembek said he believes the entire issue could have been avoided if there were better relations between Ryan and his administration and the Seneca leadership including President JC Seneca.
"I wish calmer voices would have prevailed," Golembek said.
JC Seneca admits relations between the Senecas and Ryan administration are strained.
"The mayor has been disrespectful of us," Seneca said.
But, the city is not backing down.
Following the Oct. 26 decision by Judge Siwek to deny Buffalo's request for a permanent injunction, Ryan - in a statement - said he expects to continue to pursue the case "though likely multi-year litigation."
Common Council President Joel Feroleto said he had hoped the Ryan or his top officials would have briefed the nine members on the legal issue.
"We'd like to hear from him (Ryan) or the corporation counsel's office," Feroleto said.\
The issue has been simmering since the Seneca Nation began work on the project in late August.
Buffalo has tried a number of legal issues including issuing a cease-and-desist order than the Seneca Nation ignored and seeking the TRO and permanent injunction.
A case remains in the federal courts while the Seneca Nation, this week, will file a motion to dismiss any remaining cases in State Supreme Court.
The project will feature 24 gas stations and two diesel fuel stations for trucks and larger vehicles. Also planned is a convenience store, fast food restaurant and cannabis dispensary.
Located on a triangular, vacant 3.5-acre parcel between Miami, Chicago and Ohio streets, the project will replace an existing Seneca One Stop just a few blocks to the north along Michigan Avenue. That complex will retain its gas pumps - which will be credit card only.
The building on site will be reppurposed.
The new One Stop will employ at least 50 people and should be custmer-ready by next summer.
Buffalo Common Councilman Joseph Golembek believes Mayor Ryan should rethink his Seneca One Stop legal game plan
Buffalo Common Councilman Joseph Golembek believes Mayor Ryan should rethink his Seneca One Stop legal game plan
