An Erie County judge has ordered the reopening of an underground tunnel, citing improper closure by the county, which failed to explore security alternatives.
BUFFALO, N.Y. — Erie County is appealing an order by a local judge who has told County Executive Mark Poloncarz and DPW Commissioner William Geary to reopen a tunnel that runs underneath the county office building along Franklin Street to the public parking ramp at Main Place Mall.
In a decision dated Aug. 25, Hon. Raymond W. Walter granted a request from Violet Realty Inc. and Pearl Street Parking Associates LLC, which owns the parking ramp, stating that the county improperly blocked access to the ramp the run below the Edward R. Rath County Office Building.
The tunnel has been closed since March 2016, after county officials raised security concerns citing a 2013 Department of Homeland Security report that identified security vulnerabilities involving vehicle access to the tunnel and the threat of a potential vehicle-borne explosive device.
The “non-mandatory” recommendations in the report called for either eliminating or controlling access and suggested the county meet with the property owner to discuss security measures.
While the judge agreed that when presented with an “imminent emergency or a specified threat the County Executive is free to exercise police powers,” Judge Walter did not look favorably on the timeline.
“It cannot be said that the DHS Report raised the possibility of an imminent threat if it took more than two years and four months to close the Tunnel,” he wrote.
The judge also found the county did not consider alternatives other than completely closing the tunnel, despite installing new security measures, including restricted access at the entrance to its own underground garage along Franklin Street.
It was determined that the county’s actions interfered with the property owners’ rights and that general security concerns did not justify the ongoing closure.
Two days after the ruling, Erie County filed its appeal of the order calling for the barriers restricting access to the tunnel to be removed. Judge Walter also granted the property owners’ request for a ruling on the county’s responsibility for the closure, denying the county’s request to dismiss the underlying claim.
However, individual claims against County Executive Mark Poloncarz and Commissioner of Public Works William Geary were dismissed.
The judge found that both Poloncarz and Geary were acting within the scope of their county duties, meaning any resulting liability rests with Erie County.
Violet Realty Inc. has filed its own appeal seeking to maintain its claims against the county executive and commissioner.
A future court date has not been scheduled.