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The city of Buffalo sued the Seneca Nation on Oct. 7 to stop construction of a $10 million gas station and convenience store at 5 Miami St. Work was still moving forward as of Thursday.
The city filed the suit in state Supreme Court in Erie County. It wants the Nation to comply with Buffalo’s zoning, permitting and environmental review requirements before the project proceeds. Seneca Nation President J. Conrad Seneca says the site is sovereign land beyond the city’s authority, and the Nation plans to keep building.
Mayor Sean Ryan had earlier warned he would take legal action if work did not stop, NYUpstate reported.
City asks judge to halt construction
Buffalo is asking the court to suspend all work until the Nation obtains the necessary approvals. The city also wants a declaration that its land-use, tax, public safety and environmental regulations govern the property. The complaint cites state environmental review requirements, building codes and local zoning ordinances.
The 3.4-acre parcel is near the tribal gaming venue, Seneca Buffalo Creek Casino. Plans call for a Seneca One Stop gas station, a Nativa Cannabis dispensary, a convenience store and leasable space for a food service tenant. Tribal officials say the new facility is needed to ease congestion at the existing location.
According to the Nation, the city posted a stop-work order at the site Oct. 6, a day before filing suit.
Ryan cites neighborhood and river concerns
Ryan said the project conflicts with years of public and private investment along the Ohio Street corridor. The former industrial waterfront now includes restaurants, housing, breweries and bike and pedestrian paths. He said the development would significantly affect nearby residents, the Buffalo River and the city’s investment in the area.
The city also claims site work has disturbed earth near the river that could contain contaminants, a sensitive issue given the area’s long history of environmental cleanup.
Ryan warned that wind could spread the loosened soil and rain could wash it into the river. He said no developer is exempt from the city’s processes, and that required approvals must be obtained before work begins.
Seneca Nation says land is sovereign
Seneca accused Ryan of attacking the Nation’s sovereignty. He said the property is Seneca Nation land “now and forever,” according to Spectrum News. He called the mayor’s statements lies and a deliberate distraction. He also rejected the mayor’s description of the project as a truck stop.
Seneca criticized the city for suing instead of continuing talks. He said he had invited Ryan to meet and resolve the dispute, but the Nation instead received a stop-work order and, a day later, a lawsuit. He said neither carries authority on sovereign land. He described the project as an investment that will benefit the Nation’s people and create jobs in Buffalo.
Federal land status at center of dispute
The Nation bought the land in 2022 and sought federal approval to designate it restricted fee land under the Seneca Nation Settlement Act. According to the Nation, the state, Erie County and the city were notified during that process. The US Department of the Interior approved the application in February 2023.
Ryan says the designation does not automatically exempt the property from state and local rules. “Restricted fee is not the same as sovereignty,” he said. The case raises a broader question: how much power do state and local governments have over federally protected Native nation land?
Construction continues while court weighs lawsuit
Filing the lawsuit does not automatically stop construction. No ruling on the city’s request had been reported as of Thursday. Fencing and soil movement are already underway at the site.
Legal experts told WBEN the dispute may end up in federal court. Retired Judge Penny Wolfgang called the situation “a real quandary” and said a federal judge will likely have to step in. To win a temporary restraining order, she said, the city would need to show irreparable harm.
Attorney Barry Covert said the city could argue that continued building changes the status quo. He added that an earlier challenge to the Seneca Buffalo Creek Casino’s land status failed in the courts, so Buffalo faces a difficult but not impossible path.
Buffalo filed suit while the Nation and the state remain in talks over a new gaming compact. Those talks are separate from the Buffalo case.
