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The City of Buffalo has sued Seneca Nation to halt the construction of a proposed $10 million project comprising a gas station, fuel depot, and convenience store, which is situated close to the Seneca Buffalo Creek Casino. The legal action comes a week after Buffalo Mayor Sean Ryan warned Seneca Nation to halt the project or else he would go to court. In addition to seeking a court injunction to stop the project, the city also wants to compel Seneca Nation to go through the normal review process.
The controversial project
Seneca Nation is undertaking a project to build a 28-bay gas station and convenience store on a 3.4-acre lot situated at 5 Miami Street. The project, dubbed Seneca One Stop, is estimated to cost about $10 million. Notably, the location is close to the tribe’s Seneca Buffalo Creek Casino.
The city’s concerns
The city of Buffalo is concerned that the proposed Seneca One Stop development will disrupt the current order of things. When announcing the lawsuit, Mayor Ryan argued that the project heavily conflicts with public and private environmental investments that have transformed the old industrial waterfront into a pedestrian-and-bike-friendly neighborhood with residential houses, restaurants, breweries, and recreational attractions, among other amenities.
“This project would have a major impact on the surrounding neighborhood, the Buffalo River, and the public investments we have made in this part of Buffalo. We have a responsibility to protect those investments and the people who live, work, and spend time here,” said the mayor at a news conference.
According to the city, the project lacks the required municipal reviews, including site plans and traffic studies. The city also alleges that the site grading and construction have disturbed potentially contaminated soil, despite years of environmental remediation, causing dirt to blow around and washing runoff directly into the Buffalo River.
Seneca Nation’s counterargument
In its defense, the Seneca Nation argues that the move by the city of Buffalo to get it to halt the development of its project is an attack on tribal sovereignty. As the tribe expands its economic portfolio—which includes brick-and-mortar gaming, commercial retail, and exploring digital options like a tribal online casino platform—it maintains that municipal bodies cannot dictate development on its land.
The Nation says that it followed a federal process to place the land into a sovereign “restricted fee” status. The status is applicable under the Seneca Nation Settlement Act, which was approved by the U.S. Department of Interior (DOI) in 2023. To this end, Seneca Nation President J.C. Seneca argues that the property sits on sovereign land, exempting it from local regulation.
The tribe argues that the proposed facility is necessary to ease the heavy gridlock at the current Seneca One Stop facility, located on Michigan Street. Indeed, the current location is often gridlocked.
The ongoing legal tussle
Buffalo has launched two separate lawsuits in its bid to halt development at the site. It has sued Seneca Nation leaders at the State Supreme Court seeking an injunction to halt development until the tribe complies with municipal zoning, traffic reviews, building codes, and state environmental laws. Moreover, it has also sued the DOI in a Federal District Court, alleging that the department failed to properly analyze legal criteria when making its decision to grant the site a “restricted fee” status back in 2023.
In response, Seneca Nation has taken the matter to Washington. Tribe leaders have met with officials from the DOI, the Department of Justice (DOJ), and the White House.
