TOWN OF ORCHARD PARK, N.Y. (WKBW) — There's a legal battle brewing because of the construction of a gas station just down the street from the new Buffalo Bills stadium in Orchard Park.
In 2024, the town board approved bringing a Crosby's convenience store and gas station, including a pick-up window and driveway access to Abbott Road.
"A terrible situation that we have no choice in," Gary Trella said, who filed a lawsuit. "They put a project where they want it and they don't think about the people that live around it."
Trella, who lives on Abbott, says a special exception use permit and approvals for variances should never have been granted. Trella is now suing both the Town of Orchard Park and the Zoning Board of Appeals.
"It's a repeated pattern, we voice our opinions and they vote the way they want," David Bugenhagen said, who lives on Big Tree.
WATCH: Neighbor suing Town of Orchard Park over proposed gas station near new Buffalo Bills stadium
The Concerns
Neighbors have been attending hearings and speaking up for months, citing issues with quality of life and safety.
They say the intersection, especially on game days, is already busy and lacks sidewalks. The fear is that the gas station traffic and driveway access will only make things more dangerous.
"All the commotion, all the noise, all the people pulling in with their radios blaring, all the fumes," Bugenhagen said. "It seems the people that are gonna pay the price for this are me and my neighbors, and people who love to use this place."
The Lawsuit
Hurwitz Fine, the firm representing the town, is trying to get the case dismissed. There's a court date to discuss this on August 19.
"If the cases get dismissed or if I lose, I will file for an appeal the next day," Trella said, who's representing himself in the case.
I reached out to the Orchard Park Town Supervisor and Ellicott Development for comment and haven't heard back. Michael Perley with Hurwitz Fine says they don't comment on pending litigation.
