Our First Day in Court (Wed, 3/11/26)

The City of Buffalo filed a motion to dismiss the case, but the facts are in our favor.

Here’s the legal lowdown.

Remember our legal claims:

• Environmental & Health Concerns

• Taking Away Parkland & Recreation

• Faulty Bonds

1) The zoning amendment doesn't require environmental oversights, so they claim that the timing of the lawsuit is too early.

2) They argue that petitioners would have more opportunity to bring up these issues at a “public hearing” when they review the site plan for the whole project.

• Meanwhile, we know the city’s public hearings are usually inaccessible and limiting

3) They take issue with the City records that our legal team submitted to prove that the land was a park. Because the building was used as an American Legion and the Matt Urban Hope Center—the City believes that invalidates the idea that it’s parkland now.

• There are recreation centers at parks all over the city!

Sooo, what’s the City’s strategy?

Now that the City of Buffalo has showed up to court, the city’s lawyer has requested that the judge dismiss our case based on legal filing procedures, rather than addressing our concerns.

• This is a common tactic used against environmental justice cases

The city is banking on their assurance that there will be a public hearing before the full project is approved. The City of Buffalo claims that “the Petitioners may voice the concerns they feel are warranted” through the process of a public hearing.

The city also claims that petitioners have not “exhausted the available administrative remedies”. We, and anyone who has been following this campaign, know that is not true. We have showed up again and again...but we have been largely ignored.

We agreed to an extension from our original court date of 2/11, once the city made a commitment to us and the court that nothing on the project is moving forward right now. Since then, residents have spotted police vehicles outside of the building on multiple occasions at all different times of day.

But we’re not backing down! We believe our case is as strong as ever.

The judge is reviewing all of the documentation submitted by both parties, and will be making a written response to the City’s motion to dismiss. Keep an eye on our socials and email newsletter for news of the decision, and check out our “Action Items” highlight for ways to get involved!