State Supreme Court Justice Gregory R. Gilbert rendered his decision on the City of Oswego’s suit against the Port of Oswego.
That suit 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. “
