New York Construction Report staff writer
A state judge has cleared the way for the City of Buffalo to borrow money for long-planned infrastructure projects, ending a months-long standoff over the city’s $110 million capital budget.
State Supreme Court Justice Emilio Colaiacovo ruled Comptroller Barbara Miller-Williams overstepped her authority when she blocked the city from going to the bond market. Miller-Williams argued the budget, approved by the Common Council in December, was fiscally irresponsible and far above her office’s $28 million debt cap.
“The process of governing is reserved to the legislature and the executive,” Colaiacovo wrote in his ruling. “By inserting herself into this process, the comptroller exceeded her mandate.”
At a press conference, acting Mayor Chris Scanlon and Councilmember Mitch Nowakowski, who brought the case, said the decision should allow long-delayed projects — including road repairs and facility upgrades — to move forward. But Scanlon conceded that some work will have to wait until next year because the construction season has been lost.
“It’s very unfortunate that we had to go that route,” Scanlon said. “I thought it was very necessary to set the precedent as to where each department, each elected official’s authority lies when it comes to the charter and the city of Buffalo.”
Calling it a long and historic project, Scanlon said he doesn’t know how much the lawsuit will cost taxpayers, but “the bigger financial impact will be the delays to the infrastructure projects.”
“You’re going to see how much more they cost now that we have basically lost an entire construction season,” he said. “We are now into the 2026 capital budget process . . . the increased cost in those projects that’s going to ultimately be the large impact on taxpayers.
“I’m just glad that the court case is behind us and we can start implementing the plan. These are important projects.”
Miller-Williams defended her actions, saying she was protecting Buffalo’s long-term financial health and warning that excessive borrowing could harm the city’s credit rating.
