Industry News
U.S. District Judge William Skretny's ruling this week leaves the question of how to address the earlier decision up to the National Indian Gaming Commission.
Gambling opponents asked Skretny to order the casino immediately. In an earlier decision, Skretny said that while the purchased land qualifies as sovereign territory, it may not be eligible for gambling because it was not acquired as part of a land claim.
The judge, however, said the foes' request for a permanent shutdown of the casino was "overbroad" under the federal laws governing Indian gaming.
"Congress did give the chairman and the commission discretion, within the Indian Gaming Regulatory Act's remedial framework to determine what type of enforcement action is appropriate under the circumstances of a particular violation or substantial violation," the judge wrote. "Thus, plaintiffs' request that the court give effect to its July 8, 2008 decision by directing the chairman to take specific enforcement action is not in accord with the IGRA's remedial scheme."
Construction on the $330 million casino-hotel complex is well under way at the site, with steel framing rising several stories and cranes and crews forging ahead despite the legal contretemps.
Tribal leaders were unconcerned with Skretny's ruling, saying they expect the U.S. government, which oversees Indian affairs, to appeal it on the Senecas' behalf.
The Seneca tribe, as a sovereign nation, are not parties in the legal action but have filed motions as friends of the court. These are called amicus briefs.
"This is a lengthy and involved process and we are a patient people who have lived on our native land for hundreds of years," Seneca President Maurice John Sr. said. "We remain optimistic that we will prevail on appeal."
According to Harvad Law School professor Laurence Tribe, the Senecas' chief legal consultant, "the decision you want to be in your favor is the final one. We'll get there."
Along with the small temporary casino, the Senecas operate two successful casinos in Niagara Falls and on reservation property in Cattaraugus County. The Buffalo casino is the third and final one allowed under a 2002 agreement with the state that requires the tribe to share a percentage of slot machine revenue with the state and host communities.
The Senecas initially planned a $125 million casino in Buffalo but last year expanded plans to include a 22-story luxury hotel, three-acre public park and an artificial creek.
Skretny's ruling does not prevent the Senecas from developing the site.
Vegas Casino Online brings the best progressive online casino games to your home,office or your preferred place to be. |
© Copyright 2008 Online Casino Crawler This material may not be published, broadcast, rewritten, or redistributed.
