Buffalo Mayor Christopher Scanlon and Fillmore District Common Council Member Mitchell Nowakowski have sued in an attempt to force city Comptroller Barbara Miller-Williams to borrow the full $110 million approved in this year’s capital budget, as she has refused to do citing her fiscal responsibility to taxpayers.

Scanlon and Nowakowski, who chairs the Council’s Finance Committee, filed an Article 78 lawsuit in Erie County Court Monday afternoon, asking the courts to force Miller-Williams’ hand and outlining the reasons, many of which have already been stated publicly, that she is bound by the City Charter to borrow for the full, approved amount proposed by Scanlon and approved with amendments by the Council in December.

The city’s outside legal counsel, Connors LLP, said in the document

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