OSWEGO – New York State Supreme Court Justice Gregory R. Gilbert issued a decision today annulling the motion approved by Port of Oswego Authority’s Board of Directors during a meeting last December, which authorized the reconfiguration and construction of the Dome 4 grain storage structure that obscures the view of the Oswego Lighthouse.
The City of Oswego filed a lawsuit against the Port after the construction of the much larger 150 square foot and nearly 70-foot-tall building was first noticed earlier this summer.
The City of Oswego argued that the publicly available records of the Port did not support the required environmental review as mandated by the State Environmental Quality Review Act (SEQRA), which requires evidence that the approving authority take a “hard look” at the environmental impacts of a particular project.
The city contended that, in fact, the Port’s Executive Director, William Scriber, unilaterally authorized the redesign of the building from a 124-foot diameter and 55-foot-high dome, to the 150 by 150 by 70 high storage structure the Court referred to as the square grain storage structure.
Mayor Billy Barlow commended the decision.
“The City of Oswego has been vindicated by this ruling,” Barlow said. “The clear, open, transparent and public process for approving this project was not followed by the Port and the Court’s recognition of the concerns and objects raised by the city is a clear ruling in favor of open government.”
In his ruling, Judge Gilbert declared that the Port’s argument, that it took a hard look and complied with the environmental review process, relying on its engineer’s determination that the larger, more obtrusive building was not substantially or materially different than the original of building, has no merit.
“By statute the Port is ‘the board’ and not just a single member thereof or an executive director…The square grain storage structure was given no ‘look’ at all under SEQRA by the Port Board,” Gilbert declared.
The Court ruling enjoins the Port from further construction and erection of Dome 4 and stays the completion of that building until the Port Board conducts a full and complete SEQRA review of the structure.
“Having raised the issue last November [that Dome 4 may obstruct the view of the lighthouse] and recognizing there was no Board oversight of this issue and having a Supreme Court judge agree with this obvious concern is satisfying,” said City Attorney Kevin Caraccioli. “I commend our legal team for developing a strong case in defense of the City of Oswego, its residents, businesses and guests who identify the significance of the lighthouse in our harbor and stopped this clear overreach of public authority.”
The City of Oswego will be an active participant in all decision making related to the final disposition of Dome 4.
“If the Port simply built the Dome 4 it originally approved, we likely would not have had to waste so much time on this issue,” Barlow said.
Press release from Mayor Barlow’s office.
UPDATE September 24 at 3:30 p.m.: Statement from the Port of Oswego Authority:
State Supreme Court Justice Gregory R. Gilbert rendered his decision on the City of Oswego’s suit against the Port of Oswego which, among other things, sought to reverse-course on the Port’s multi-million dollar Central New York Regional Agricultural Export Center Expansion Project and rescind the Port’s recently enacted Comprehensive Plan.
The decision halts construction of one component of the Port’s Expansion Project — better known as the “Dome 4” facility. It otherwise denies the City’s requested relief. As directed, the Port will undertake a further review of the Dome 4 component pursuant to the State Environmental Quality Review Act (SEQRA) and then proceed accordingly.
The decision otherwise confirms all the Port’s actions. It also concludes that the Port is not bound by City local law or ordinances.
The Port’s efforts to continue to build the Central New York Regional Agriculture Export Center Expansion Project will proceed. The Central New York Regional Agriculture Export Center Expansion Project is critical to the Port’s vitality because it will allow the Port to keep its grain handling license and give it a competitive edge in attracting more business and jobs in the future. This, In turn, will benefit City residents and the surrounding area given the Port’s substantial role In the local economy.
“We are pleased that the court confirmed the Port’s autonomy as a NY State entity and is not bound by City laws or ordinances,” said William Scriber, Port of Oswego executive director. “The project the city’s lawsuit sought to dismantle is a vital component of our long-term, competitive ability and survival This, in turn, is to the City’s benefit because the Port is such a large economic driver. We’re pleased that current construction is not affected except in regard to the storage building. The storage building was never designed for grain. It is exclusively for salt and potash. As a result of this delay, we have had to turn away salt and potash customers and have lost revenue.We believe we did everything right in the process. Our SEQRA experts and the results of no environmental impact from the change so we did not believe it was necessary. The court wants us to go through the process again and we are glad to do so.”
Francis Enwright, Port of Oswego Board chairperson, said: “There has been an ongoing debate between the Port and the City that the Port must submit to City regulations. Moving forward, this will improve Port and City relations because the relationship is clearly defined and that helps everyone.”
More coverage on this matter can be found here:
July 1, 2021: City Of Oswego Opposes New Port Structure Despite Importance In Trade
July 12, 2021: Mayor Barlow Announces Filing Of Lawsuit Against Oswego Port Authority
August 11, 2021: Mayor Barlow Claims Success In Seeking Halt Of Port Authority Construction Activity
August 12, 2021: Port Of Oswego Authority Responds To Announcement From Mayor Barlow
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