Buffalo bid to halt Seneca project at 5 Miami denied

Justice Donna Siwek on Oct. 26, 2026, denied Buffalo’s request for a preliminary injunction to stop construction of the Seneca Nation’s planned project at 5 Miami Street. The denial did not resolve the city’s underlying claims, and reports said construction continued.

Buffalo Toronto Public Media reported that Siwek’s oral ruling considered the city’s zoning, planning and environmental concerns reasonable, but concluded that the parcels’ restricted-fee status left Buffalo without regulatory jurisdiction over the project. That was the reported basis for denying the interim request, not a final judgment on the city’s lawsuit.

A preliminary injunction is temporary relief sought while a lawsuit proceeds. In practical terms, Buffalo did not obtain the construction pause it requested through this motion.

How the case reached the ruling i

The city filed its lawsuit in state court on Oct. 7. The Seneca Nation removed the case to federal court the next day; on Oct. 14, the federal court sent it back to state court, according to the federal court’s decision.

The city’s lawsuit alleges violations of local development, city and building codes, as well as public nuisance. Those are allegations, not findings in the Oct. 26 ruling. WBEN/Audacy reported that Siwek had separately denied Buffalo’s request for a temporary restraining order on Oct. 19, a week before the preliminary-injunction decision.

Project details and reported next steps i

The City of Buffalo describes the proposed development as a 28-bay truck stop and fuel depot. WBEN/Audacy reported a $10 million estimate for the gas-station and convenience-store project. Reports said work was continuing after the injunction denial.

Seneca Nation attorneys said they planned to seek dismissal of the city’s case. Reports described a return or hearing date tentatively expected in December 2026, not a confirmed court schedule. Mayor Sean Ryan said Buffalo would continue litigating. Buffalo Toronto Public Media also reported that the city is pursuing a separate challenge to the federal restricted-fee designation.