A New York state judge has refused to order a stop to construction on the Seneca Nation’s $10 million Ohio Street development in the city of Buffalo.

The proposed 28-bay truck stop and fuel depot is located at 5 Miami Street.

Back in 2022, under the previous city administration, Buffalo did not raise objections to the land getting federal restricted-fee status, which means the Nation owns the land, but it’s protected under federal law, which it received the following year.

The city of Buffalo recently filed a lawsuit to stop work at the site. The lawsuit states that “recent site preparation has already disturbed potentially contaminated soil and released soil and materials onto adjacent properties and into the Buffalo River.” The lawsuit continues that the project would reverse the trajectory of the neighborhood, put a strain on city infrastructure, impact surrounding businesses, burden Buffalo Police and threaten environmental remediation.The city’s new administration wants construction of the project stopped, citing environmental concerns as part of their reasoning for wanting the construction halted.

Lawyers for the Nation said any stoppage would disrupt work they had planned.

The judge ruled that the city did not show enough immediate harm to justify stopping construction. They also pointed out that the land has federal restricted-fee status.