Judge orders temporary decision on Kensington Expressway Project

BUFFALO, N.Y. (WIVB) — Construction on the Kensington Expressway remains at a standstill after a judge upheld a temporary restraining order. Both sides were back in front of a judge Friday to argue for and against the billion dollar project.

After two hours of arguments from both the state’s Attorney’s General Office as well as attorneys representing the East Side group suing against the project, the judge ultimately only issued a temporary decision on the project.

That temporary decision keeps shovels out of the ground, away from the Kensington Expressway.

The judge ordered that both sides must submit one more document supporting their argument by next week. The document will be due by the first of next month and should argue their case in no more than 15 pages.

In addition, petitioners must pay a $10,000 bond by Nov. 15 to keep the restraining order in place. There will be another hearing on the preliminary injunction on Nov. 18.

The lawsuits are challenging the environmental review conducted by state agencies when looking into the impact this project will have on the community.

Petitioners say the state did not do a deep dive, instead doing the bare minimum and that the community will suffer as a result. Judge Colaiacovo says his ruling will not be based on whether or not he agrees with the project.

The $1 billion project would create a tunnel extending from Dodge to Sydney Streets, adding a greenspace on top, but community groups suing against it say the 4 1/2 years of construction will result in major traffic, environmental and health issues for the community and its residents.

Meanwhile, attorneys from the Attorney General’s Office say they did do their due diligence with the environmental assessment and found there would be no issues.

WIVB News 4 has reached out to the AG’s Office for comment but have not yet heard back.

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Marlee Tuskes is an award-winning anchor and reporter who has been part of the News 4 team since 2019. See more of her work here and follow her on Twitter.

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