By Frank Parlato
NIAGARA FALLS, NY – Mayor Robert Restaino’s fight to seize private property for his unfunded arena project has taken a bizarre new turn.
After spending two years—and untold taxpayer dollars—pushing to take 10 acres of land from Niagara Falls Redevelopment (NFR) through eminent domain, Restaino now claims that half the land was public parkland all along—although the city sold it to NFR in 2004 and admitted in court that NFR legally owns it.
This last-minute maneuver has raised significant concerns about the legitimacy of the mayor’s land grab and the financial burden his legal actions are imposing on taxpayers. More importantly, it risks driving NFR away entirely, jeopardizing a $1.5 billion AI Digital Data Center project and leaving Niagara Falls with nothing but an empty lot.
Rewriting History to Avoid Paying for the Land
Restaino argued that the city needed NFR’s 10 acres for two years to build a 7,000-seat arena despite having no feasibility study, funding, or anchor tenant.
Then came the moment of reckoning: the court ruled that he could take the 10 acres of land—but under eminent domain law, the city must pay “just compensation” for the property, which could exceed $40 million. When Restaino seemingly realized taxpayers couldn’t afford it, he scrambled for an alternative strategy.
His latest move? Declaring that five of the ten acres were always public parkland. If a court agrees, the city might not fully compensate NFR – but only pay them half.
But there is one glaring issue: The city never officially designated the five acres as a park.
The Public Trust Doctrine, and Why Doesn’t It Apply?
Restaino is invoking the public trust doctrine, a legal principle that protects officially designated public lands—like parks and waterways—from being sold for private use without legislative approval.
The problem? The land was never officially a park.
Before 2004, the site—known informally as the Tenth Street Playground—was used as a public green space and playground. But that does not make it a legally protected park.
When the city sold the land to NFR in 2004, city leaders explicitly confirmed it was not parkland. It has not been used as a playground for more than 20 years.
Then-City Administrator Daniel Bristol stated that no home rule request (which would have required state approval to sell a park) was needed because it wasn’t legally a park.
Then-Mayor Vincent Anello went even further, saying: “Just because you call some place a park doesn’t mean it went through all the processes of becoming a park.”
Restaino’s claim directly contradicts the city’s past legal stance.
The City Admitted NFR Owns the Land
Under Restaino , the city itself admitted in court—during the eminent domain proceedings—that NFR legally owns the land.
The city explicitly stated:
“Respondent, the CITY OF NIAGARA FALLS… [a]dmits that Petitioners [NFR] are the owners of the referenced parcels.”
Now, Restaino is trying to reverse the city’s legal admission—hoping to reclaim land it lawfully sold two decades ago.
A Desperate Attempt to Avoid Financial Disaster
Restaino’s sudden claim has nothing to do with protecting green space—it’s a last-ditch effort to avoid paying for the land.
If the city wins, it could seize the land without paying NFR full compensation.
If the city loses, it wastes taxpayer money on another costly court battle.
NFR told the city it will fight the claim, calling it a “bad-faith and desperate attempt” to rewrite history.
“NFR will not reconvey the property, which was lawfully sold by the City to NFR in 2004. The land is not somehow transformed into a park two decades later just because the current administration wishes to rewrite history.”
If NFR Walks Away?
The bigger question is: What if NFR decides the legal chaos isn’t worth it and walks away? Niagara Falls is already one of the poorest cities in America, and Restaino is blocking a $1.5 billion AI Data Center that would create 550 full-time, high-paying jobs.
If NFR gives up, the city loses everything:
✅ No AI center
✅ No jobs
✅ No economic growth
✅ Just an empty lot
Even if Restaino wins, he still doesn’t have the money to build his arena.
A Dangerous Message to Investors: Stay Away
This legal stunt sends a message to businesses: Even if you legally buy land in Niagara Falls, the city might try to take it back years later. If Restaino can retroactively claim land as public property after selling it, why would any developer trust the city?
Most cities would fight to attract a project like NFR’s AI center. Niagara Falls, instead, is fighting to kill it.
Most cities would be begging for a $1.5 billion AI center. Instead, Niagara Falls is sabotaging its future.
It begs the question, what on earth is the motive of this mayor?
