Demolition of eight vacant houses on Busti Avenue began Saturday, following a federal court decision favoring the Buffalo and Fort Erie Public Bridge Authority.
Two houses were down as of 10:30 a.m.
The bridge authority maintains that the area will be used for green space and to buffer other homes in the neighborhood from Peace Bridge activity.
Preservationists and neighbors sued the bridge authority in state Supreme Court in June, objecting to the demolition of the eight houses and obtained a temporary restraining order preventing the demolitions.
The restraining order ended Friday in a 23-page decision from U.S. Magistrate Judge Jeremiah J. McCarthy.
“While the properties in question may have some historic value, they are also unsafe and crime-ridden,” McCarthy wrote. “Therefore, the public interest would not be furthered by the granting of a preliminary injunction.”
The lawsuit was moved to federal court, at the request of the authority. McCarthy heard lawyers discuss for two hours on Dec. 17 such things as whether the authority has to follow state environmental review laws and whether the demolition of the homes are part of a larger project.
The judge also questioned whether the Campaign for Greater Buffalo History, Architecture and Culture and several Peace Bridge neighbors were qualified to bring the lawsuit, though his ruling reflects that he believes they do.
The plaintiffs have argued that the demolitions, which the authority was about to begin until a temporary restraining order was obtained, threaten historic structures, such as the Storms-Wilkeson House, a city landmark, and are part of a larger expansion project, making a lengthy environmental review necessary.
The authority maintained in June that the “long planned replacement” of the “dilapidated homes” with landscaping is not related to any future plaza expansion but is a way to immediately improve the area around the bridge.
The neighborhood appears to take a mixed view of the proposed demolitions, as some neighbors want the houses to stand, and others believe they are eyesores.
email: jterreri@buffnews.com
Two houses were down as of 10:30 a.m.
The bridge authority maintains that the area will be used for green space and to buffer other homes in the neighborhood from Peace Bridge activity.
Preservationists and neighbors sued the bridge authority in state Supreme Court in June, objecting to the demolition of the eight houses and obtained a temporary restraining order preventing the demolitions.
The restraining order ended Friday in a 23-page decision from U.S. Magistrate Judge Jeremiah J. McCarthy.
“While the properties in question may have some historic value, they are also unsafe and crime-ridden,” McCarthy wrote. “Therefore, the public interest would not be furthered by the granting of a preliminary injunction.”
The lawsuit was moved to federal court, at the request of the authority. McCarthy heard lawyers discuss for two hours on Dec. 17 such things as whether the authority has to follow state environmental review laws and whether the demolition of the homes are part of a larger project.
The judge also questioned whether the Campaign for Greater Buffalo History, Architecture and Culture and several Peace Bridge neighbors were qualified to bring the lawsuit, though his ruling reflects that he believes they do.
The plaintiffs have argued that the demolitions, which the authority was about to begin until a temporary restraining order was obtained, threaten historic structures, such as the Storms-Wilkeson House, a city landmark, and are part of a larger expansion project, making a lengthy environmental review necessary.
The authority maintained in June that the “long planned replacement” of the “dilapidated homes” with landscaping is not related to any future plaza expansion but is a way to immediately improve the area around the bridge.
The neighborhood appears to take a mixed view of the proposed demolitions, as some neighbors want the houses to stand, and others believe they are eyesores.
email: jterreri@buffnews.com