Judge cites environmental concerns, places Kensington Project on hold

BUFFALO, N.Y. (WIVB) — The Kensington Expressway Project is on hold after a judge ruled Friday that the state failed to consider the environmental impacts of the billion-dollar project.

The project, which seeks to reconnect neighborhoods on Buffalo’s East Side, would cap a small stretch of Route 33 and a park would be built on top.

“Justice (Emilio) Colaiacovo has stopped this project in its tracks, that’s the essence of the 39-page decision,” said legal analyst Terry Connors.

Temporary restraining order granted to pause Kensington Expressway work

After Friday’s hearing, all work on the project remains at a standstill. In Colaiacovo’s decision, he said the state did not properly consider all of the environmental impacts.

He also said if the state were to begin phase one of the project, which includes replacing the Best Street Bridge, it would “cause irreparable harm to the petitioners.”

A group known as the East Side Parkways Coalition said this is a step in the right direction.

“We’re very excited and energized about this and also it presents a new opportunity for us to take a new look at the project and what could be done instead,” said Matt Dearing, a member of the coalition.

Even with the preliminary injunction granted, there is still a long way to go. The coalition has already paid a $10,000 bond to keep a restraining order in place. The court is now requiring them to post an additional $100,000 within the next 90 days.

“You have to post a bond in the event that there is injury to the other side,” Connors said. “So if it turns out that the judge was wrong or it’s reversed on appeal, there will be the ability to recover by the defendants under that bond for damages that they lost because of the imposition of a point of junction.”

The coalition said so far they have received grants from local foundations. Another hurdle the organization might have to face is an appeal from the state. Connors, who has no involvement in the case, expects that to happen relatively soon.

“This is the largest project in the history of Western New York,” Connors said. “It’s likely they’ll give it some attention and probably hear this case a little faster than they would hear the other cases, but it’s still not going to happen tomorrow or not gonna happen this month.”

Gov. Hochul announces $44.5 million to replace Best Street Bridge

In a statement to WIVB News 4 Friday, the New York State Department of Transportation said it is still committed to the project, which it said will help restore the quality of life and vibrancy taken from the community decades ago.

The coalition said they plan on using this time to reach out to elected officials for support.

“We’re on the right track and we believe we’re going to continue to be successful both in court and through the political process in achieving the goals that we set out last year,” Dearing said.

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Trina Catterson joined the News 4 team in 2024. She previously worked at WETM-TV in Elmira, a sister station of WIVB. See more of her work here.

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