BUFFALO, N.Y. — A legal battle is unfolding between the city of Buffalo and the Seneca Nation over a proposed $10 million development, raising broader questions about tribal sovereignty and the authority of state and local governments in New York.
The city filed a lawsuit Wednesday in Erie County Supreme Court seeking to halt construction at 5 Miami Street, where the Seneca Nation plans to build a Seneca One Stop fuel station and convenience store, a Nativa Cannabis dispensary and space for a potential food service tenant.
Buffalo Mayor Sean Ryan argues that the Nation must comply with local permitting, zoning and environmental requirements before moving forward with construction.
“So any developer, regardless of who they are, they have to go through a process,” Ryan said Wednesday. “You have to show you done the proper environmental site plan. Review traffic studies.”
The lawsuit asks a judge to stop construction until the required approvals are obtained. It also seeks a declaration that the property remains subject to Buffalo’s municipal authority, including land use, tax, police and environmental laws.
Federal land status at center of dispute
The dispute centers on the property’s federally approved restricted fee status and whether that designation limits the city’s ability to regulate development.
The Seneca Nation acquired the property in 2022 and subsequently pursued federal approval to place the land into restricted fee status under the Seneca Nation Settlement Act.
According to the Nation, New York state, Erie County and the city of Buffalo were notified as part of that process.
In February 2023, the U.S. Department of the Interior determined that the Nation’s application met the required criteria and directed that the property be placed into restricted fee status.
Ryan maintains that the federal designation does not automatically exempt the property from state and local requirements.
“Restricted fee is not the same as sovereignty,” Ryan said.
The city’s lawsuit argues that the property’s status does not eliminate Buffalo’s ability to regulate the proposed development.
The complaint also cites New York’s environmental review requirements, state building regulations and local zoning laws.
At the center of the dispute is a broader legal question: How much authority can state and local governments exercise over land held by a Native nation under federal protections?
City raises environmental concerns
Buffalo officials also allege that construction activity has disturbed potentially contaminated soil near the Buffalo River.
The city argues that the surrounding area has undergone extensive environmental remediation and redevelopment, making proper review particularly important.
“The soil has been disturbed. There’s a pile, of dirt. It’s blowing around. When it rains, it goes right into the Buffalo River,” Ryan said.
The lawsuit seeks to prevent additional construction while the court considers the city’s claims.
Construction preparations have already begun at the nearly four-acre property, including fencing and soil movement.
Seneca Nation fires back
Seneca Nation President J. Conrad Seneca responded Wednesday with a strongly worded statement accusing Ryan of undermining the Nation’s sovereignty.
“The City, and especially the Mayor, simply do not get it. That land is Seneca Nation land – now and forever,” Seneca said in a statement.
He also accused Ryan of mischaracterizing the development as a truck stop and criticized the city’s decision to pursue legal action rather than further discussions.
“His lies and continued hostility toward the Seneca Nation regarding our land are nothing short of a purposeful distraction,” Seneca continued.
According to the Nation, the city posted a stop work order at the property Tuesday, one day before filing the lawsuit.
Seneca rejected the city’s authority to issue that order.
“I invited the Mayor to meet with the Nation to discuss this situation. His response was a City Stop Work Order that bears no weight on our sovereign land followed a day later by a lawsuit,” Seneca said.
The Nation maintains that it completed the federal process necessary to establish its authority over the property and intends to continue construction.
“While Sean Ryan continues his act, we will continue developing our land for the benefit of our people and creating local jobs, just as we have done with our other developments on our other sovereign lands within the city of Buffalo,” Seneca said.
What happens next?
The lawsuit comes as the Seneca Nation and New York state continue negotiations over a new gaming compact, adding another dispute involving the Nation and government officials.
Although the gaming compact negotiations are separate from the Buffalo development lawsuit, both involve questions about the Nation’s relationship with state and local governments.
The city is asking the court to halt construction, but filing the lawsuit does not automatically stop work at the property.
When asked what would happen if the Nation continued construction, Ryan said the matter would be up to the courts.
No court ruling on the city’s request was identified in the materials available for this report.
The outcome could help clarify the extent of municipal regulatory authority over federally protected Native nation land in New York.