BUFFALO, N.Y. — Last week, attorneys for the East Side Parkways Coalition and residents of the Humboldt Parkway filed an appeal to one of the Kensington Expressway cases that was dismissed earlier this year.
Back in February, Judge Emilio Colaiacovo dismissed the case focused on the Public Trust Doctrine. Attorneys for the ESP Coalition argued that a law passed by the NYS Legislature in 1869 established the Humboldt Parkway as a park itself.
In his ruling Judge Colaiacovo said “While this court concedes there was green space, Humboldt Parkway was a street that was used for traffic purposes, one cannot now, relying on revisionist history, portray Humboldt Parkway as something it never was in an attempt to remedy a collectively lamented decision made more than 75 years ago.”…