Niagara Falls
THE
NIAGARA FALLS REPORTER
LOCAL NEWS  •  LOCAL VOICES  •  LOCAL MATTERS

City Wins Hollow Victory in Eminent Domain Fight

N
Niagara Reporter-  ·  August 1, 2023
City Wins Hollow Victory in Eminent Domain Fight
SharefXin

By Tony Farina

Niagara Falls has won the first legal round of the eminent domain battle with Niagara Falls Redevelopment (NFR) as a panel of four judges from the Appellate Division, Fourth Department, found that the city’s purpose in seizing a 12-acre parcel on South End land owned by NFR “is rationally related to a conceivable public purpose.”

Well, in reality, it is a hollow victory that only signals the start of a likely protracted and expensive legal fight with NFR which plans to appeal the initial finding that there is a public benefit to the city’s Centennial Park plan, claiming the unfunded project is speculative and shifting and that eminent domain seizure of the land is “unlawful and arbitrary.”

So there you have it.  The city claims a victory although it has no money for the project and will likely have to continue paying lawyers to fight NFR’s appeals to higher tribunals is a certainty.

NFR says it has a Canadian development partner, Urbacon, which wants to build a data center on the property that the city wants to seize for its unfunded Centennial Park project and the mayor, claiming an early legal victory, must still find a government partner to fund the park plan.  So far, he hasn’t found one.

A data center could potentially create high-paying jobs and generate tax money for the city but for whatever reason, the city and its leaders don’t want to pursue any possible settlement of the development stalemate that continues to go on and will go on for the foreseeable future.

I would suggest the city and its visionaries bring in Urbacon to discuss the data center project along with NFR and make a decision based on what it can see and feel and not on a plan that has no funding in place and none in sight.

A data center could be a serious economic engine for struggling Niagara Falls, a far more beneficial move for its citizens than a park project for which there is no money in sight.

It would seem sensible for city leaders to deal with NFR on the data center vision before more money is wasted on legal fights that could lead to an empty and hollow court victory.  People should demand that city leaders do something that could lead to a brighter future for its citizens and not pin its hopes on a park project that has no financial support.

          

                    

                     

SharefXin

Comments (0)

Leave a comment

More From Niagara Falls Reporter

Craig Bucki Stands Out in Race for Supreme Court, Has All the Tools to Be Strong Judge
Featured

Craig Bucki Stands Out in Race for Supreme Court, Has All the Tools to Be Strong Judge

By tony Farina · September 16, 2026

By Tony Farina I’ve covered many court proceedings and trials in my more than 35 years as a newspaper and television reporter and I want to make the point at the beginning of this story that whether elected or appointed, some judges are fair and honest and many others fall short of the mark. In other words, the word jurist does not convey skill and knowledge of the law; it is just a role that some serve with distinction, and others do not. By definition, a jurist is a person who has expert or thorough knowledge of the law but

Is Niagara Falls Crisis Self-Inflicted? Lots of Questions, Few Answers
Featured

Is Niagara Falls Crisis Self-Inflicted? Lots of Questions, Few Answers

By tony Farina · September 15, 2026

By Tony Farina There are certainly many questions swirling around the mayor’s declaration of a state of emergency in Niagara Falls over trash, blight, and deteriorating streets that was declared back on July 20 and has been extended several times since because, according to Mayor Robert Restaino, the City Council refused to approve contractor agreements. But some observers point to depleted staff at City Hall, like in Public Works and Code Enforcement and other departments, as really self-inflicted wounds that are the underlying reasons work is not getting done in the city. Or is there even more to the story,

NIAGARA FALLS BUILT THE MODERN WORLD ON ITS POWER. IT CAN DO IT AGAIN.
Featured

NIAGARA FALLS BUILT THE MODERN WORLD ON ITS POWER. IT CAN DO IT AGAIN.

By Niagara Reporter- · September 11, 2026

The  Data Center That Answers Hochul’s Objections There was a time when Niagara Falls did not ask Albany whether it was permitted to prosper. The river was here. That was enough. The town had something Albany couldn’t give it. It used what was here. Water. Power. Work. Jobs. Industry. A future. In 1895, the Adams plant took the river and put it into wire. The current went to Buffalo. It changed the industrial world. Tesla supplied the designs. Westinghouse built the machines. Niagara supplied the falling water. Then industries came. Electrochemical. Electrometallurgical. They came because Niagara offered abundant, inexpensive electricity.

Niagara Falls Has Millions of Tourists But Needs to Find a Way to Capture That Wealth
Featured

Niagara Falls Has Millions of Tourists But Needs to Find a Way to Capture That Wealth

By tony Farina · September 8, 2026

By Tony Farina The City of Niagara Falls, N.Y., boasts one of the world’s greatest natural wonders that people from around the world come to see, but despite incredible tourism numbers of more than nine million visitors a year, the city of now less than 50,000 people is still pretty darn poor. Niagara Falls does not have a tourism problem; it has a tourism-capture problem, and the distinction should be a starting point for a serious new discussion about the city’s future. And ladies and gentlemen, that discussion needs to start now. The question is no longer whether Niagara Falls