The City of Buffalo is one step closer to taking ownership of two historic buildings in the city’s cobblestone district.
The New York State Court of Appeals has decided not to hear building owner Darryl Carr’s case, cementing the city’s win in its eminent domain proceedings to legally obtain the properties from Carr.
The court’s decision means the city can move forward with future preservation and redevelopment efforts according to Buffalo's Acting Mayor, Chris Scanlon.
“The properties at 110 and 118 South Park Avenue are integral the Buffalo's Cobblestone Historic District, reflecting our city's rich architectural heritage,” he said. “They have fallen into disrepair, and we cannot allow another one of the city's architectural gems to be taken from us due to neglect.”
Carr, who also owns the neighboring Cobblestone bar, wants to demolish the properties to make way for a 55-story skyscraper.
He said he intends to continue to fight the case, and is even "looking at" taking it all the way to the Supreme Court.
“The fight is in the development of the properties because I can’t make a penny off of this unless I develop the property,” Carr said. “In order to develop the property, the engineers and architects - everybody I worked with - told me I had to take the buildings down.”
The city began the eminent domain process against Carr in 2022, but the two buildings on South Park Avenue have been regulars on the docket of Buffalo’s housing court for over a decade under Carr’s tenure.
Then in June 2024, a fire gutted the properties and the city subsequently stabilized the crumbling remains through a contractor.
An investigation concluded the cause of the blaze was “undetermined,” according to the city’s Commissioner of Permit and Inspection Services, Cathy Amdur.
Speaking to the media Tuesday, Fillmore District Councilmember Mitch Nowakowski said eminent domain is a “rare and obscure” legal mechanism, but that its use was warranted in order to preserve the 19th century buildings and to protect the district’s historic integrity.
He then took aim at Carr.
“I believe that he was able and allowed to manipulate courts for 15 years, for this building to then fall into disrepair,” Nowakowski said. “And now we're moving full steam ahead that we have an ability to put these structures back into productive use.”
“I'm going to also convene a meeting with neighborhood stakeholders in the cobblestone historic district to keep an eye on the property so nothing mysterious happens after this court ruling,” he added.
Upon hearing of Nowakowski’s comments, Carr responded: “I would think if they want to sit there and allude that I did anything to make this happen, well I can throw that right back at them, because I want to know who Mitch is talking to on the other side of this so-called development.”
Now the city has won the case, a new appraisal will be ordered to determine the current market value of the properties. Once that offer is submitted, Carr will have 90 days to respond, according to Scanlon.
“Eventually, the city will be issuing solicitation to find a responsible future property owner who will undertake its revitalization, with the ultimate goal of transfer of the property from the city to a new responsible owner as quickly as possible,” Scanlon said.
