[FONT=Verdana]Erie County Executive Joel A. Giambra is attempting to block demolition on the site of the planned Seneca Buffalo Creek Casino in [/FONT][FONT=Verdana]Buffalo[/FONT][FONT=Verdana]'s Cobblestone District, citing environmental concerns. [/FONT]

[FONT=Verdana]Giambra announced late Monday that he is suing the City of [/FONT][FONT=Verdana]Buffalo[/FONT][FONT=Verdana] to block all demolition and site preparation on the nine-acre property, which is bordered by [/FONT][FONT=Verdana]Michigan[/FONT][FONT=Verdana] and [/FONT][FONT=Verdana]South[/FONT][FONT=Verdana]Park[/FONT][FONT=Verdana] avenues and Marvin and Perry streets. The suit calls on the city to follow standard demolition permit procedures, which would require an environmental review be conducted before work starts. [/FONT]

[FONT=Verdana]"The city claims it doesn't have the power to issue normal permits because it is sovereign territory. We say that's incorrect," Giambra said. "Even if it's sovereign land, we have a duty to protect our residents." [/FONT]
[FONT=Verdana]The Senecas on Monday confirmed they are ready to start tearing down a collection of seven industrial buildings scattered around the parcel. They also stated they have no immediate plans to demolish the historic H-O Oats grain elevators, which stand at the northeast corner of the site. [/FONT]
[FONT=Verdana]Drew Eszak, county commissioner of environment and planning, also issued a cease and desist order against Empire Dismantlement Corp., a Town of [/FONT][FONT=Verdana]Tonawanda[/FONT][FONT=Verdana] firm that is poised to begin the work. Empire was given until May 26 to submit a safety and health plan for the demolitions. [/FONT]

[FONT=Verdana]Giambra said that while he wants to halt demolition of all buildings on the site, his main concern is the 81-year-old grain elevators, which he said contain asbestos, mold, lead and other airborne contaminants. [/FONT]

[FONT=Verdana]"They might not be admitting today that the silos are coming down, but we know that's their plan. I don't want to sit back and wait until it's too late," the county executive said. [/FONT]

[FONT=Verdana]He noted that more than 600 people live within 1,000 feet of the site. The property is located within a block of the Commodore Perry public housing development and the Lofts at Elk Terminal and about two blocks from HSBC Arena. [/FONT]

[FONT=Verdana]Peter K. Cutler, Mayor Byron W. Brown's communications director, said the lawsuit is "without merit." [/FONT]

[FONT=Verdana]"We're completely satisfied that all the correct precautions are in place to ensure that this work will proceed without any negative impact on the health and safety of anyone in the area," Cutler said. [/FONT]

[FONT=Verdana]Rajat R. Shah, Seneca Gaming's senior vice president for corporate development, disputed the environmental hazard claims. [/FONT]

[FONT=Verdana]"Safety, coordination and minimizing the impact on the surrounding community are our top priorities in taking these important next steps in developing Seneca Buffalo Creek Casino," Shah said. "We sat down with city officials to discuss our plans and to ensure that all applicable requirements are met and expect to continue to work with them in a spirit of cooperation." [/FONT]

[FONT=Verdana]The Senecas have hired Watts Engineering, a Buffalo-based environmental engineering firm, to conduct third-party air monitoring to make sure state and federal air-quality standards are met during the demolition. The Senecas plan to begin with interior abatement of any hazardous materials, such as asbestos, lead or solvents, followed by the demolition. [/FONT]

[FONT=Verdana]In the past week, Seneca crews began erecting construction fencing on the perimeter of the nine-acre site, which is now sovereign territory. A crane and construction trailers also have arrived at the site. [/FONT]

[FONT=Verdana]Also in the past week, large, blue and white signs were installed on all four corners of the casino site. They read "[/FONT][FONT=Verdana]Buffalo[/FONT][FONT=Verdana]Creek[/FONT][FONT=Verdana]Territory[/FONT][FONT=Verdana], Seneca Nation of [/FONT][FONT=Verdana]Indians[/FONT][FONT=Verdana]Sovereign[/FONT][FONT=Verdana]Territory[/FONT][FONT=Verdana]." The signs also spell out the territorial name in the Seneca language. [/FONT]

[FONT=Verdana]Shah met Thursday with city development chief Richard M. Tobe and Public Works Commissioner Joseph N. Giambra to provide an update on casino planning and site preparation. A city demolition expert and Seneca engineers also took part in the City Hall session. [/FONT]

[FONT=Verdana]"The city doesn't have the right to approve or disapprove demolition plans on sovereign territory, but it was a positive and appropriate step for them to voluntarily meet with us to coordinate efforts," Tobe said. [/FONT]

[FONT=Verdana]The Senecas did, however, need the city's approval to barricade [/FONT][FONT=Verdana]Fulton Street[/FONT][FONT=Verdana] during the upcoming site preparation. A permit to temporarily close the street and block off sidewalk access was issued late Friday. [/FONT]

[FONT=Verdana]In December, immediately following the official announcement of plans for Seneca Buffalo Creek Casino, the Senecas tore down two former H-O Oats buildings adjacent to the grain elevators. Seneca sources Monday also indicated that the former Kenworth Truck of Upstate New York building, located at [/FONT][FONT=Verdana]85 Michigan Ave.[/FONT][FONT=Verdana], will be gutted, but not demolished, just in case the Senecas need to open a temporary gambling facility to meet the state's [/FONT][FONT=Verdana]Dec. 9, 2008[/FONT][FONT=Verdana], operating deadline. [/FONT]