15 May 2006

 

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Bruce L. Fisher, Deputy Erie County Executive

Erie County sues to stop illegal Seneca demolition in Buffalo

In an email late this afternoon, Deputy Erie County Executive Bruce L. Fisher wrote:

Erie County took two additional steps today related to the proposed SNI casino in Buffalo:

1) the Commissioner of Environment and Planning issued an order instructing the demolition contractor, who is now working to demolish the HO Oats elevators on the 9-acre plot purchased by the SNI, to cease and desist; and

2) the County sued the City of Buffalo to perform an environmental impact study before it issues any permits for demolition on land within the City of Buffalo (which the SNI land still is because there hasn't been a state referendum on its status), because that land, and whatever happens on it, is immediately adjacent to a neighborhood that will suffer from the airborne asbestos, mold, etc., which the demolition process will release.

In short, Erie County, as the government that is charged with protecting public health, acted today to stop any further demolition because the City of Buffalo has failed to do the necessary studies on the environmental impact of tearing down asbestos-laden buildings in a poor neighborhood full of kids and elderly people.

Accompanying Fisher's email were three documents in Microsoft Word format, all of them available on the Buffalo Report website:

Erie County Executive Joel A. Giambra's letter explaining the actions against Empire Dismantlement Corporation, the City of Buffalo, Buffalo Mayor Byron Brown, and others

An order from Andrew Eszak, Erie County Commissioner of Environment and Planning, ordering Empire Dismantlement Corporation to cease and desist from actions that will cause air pollution.

The Erie County complaint seeking to force Empire Dismantlement, Buffalo Mayor Byron Brown, Buffalo Commissioner of Permits and Inspections Richard Tobe, and others to obey local and state environmental laws in regard to the Seneca Casino Corporation's demolition activities in downtown Buffalo (large file: 4.2 MB)

Fisher sent a second email that evening offering further comments on the County's actions:

What we've done is to force the City of Buffalo to deal with our main contention -- that the City's failure to act on the environmental impact of non-Buffalo activities within its borders upon citizens of Buffalo is itself a violation of state law.

The City of Buffalo will have to respond; the City, which has not issued permits, will now not be able to do so until and unless an EIS is completed.

If the City does issue permits without an EIS, then it will be violating state law, and will probably be enjoined from doing so by State Supreme Court.

If the contractor goes ahead and keeps working, ditto.

Meanwhile, we await word from Judge Makowski on the County's entry into the state suit, which deals with the failure of New York State, of the State Gaming [sic] Commission and the City of Buffalo to do an EIS, including an economic impact statement.

We are already a joined party in the Federal suit.

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