Litigation | NIGC | New York

Supreme Court won't hear long-running Seneca Nation casino case

Tuesday, May 31, 2016

Seneca Nation leaders and Buffalo Mayor Byron Brown, center, sign the last steel beam that's part of a $40 million expansion of the Seneca Buffalo Creek Casino in Buffalo, New York. Photo from Facebook

The Seneca Nation of New York can rest easy now that the U.S. Supreme Court has put an end to a long-running dispute over one of the tribe's casinos.

Without comment, the justices on Monday rejected a petition in Citizens Against Casino Gambling in Erie County v. Chaudhuri. That means a lower court decision in favor of the Seneca Buffalo Creek Casino in downtown Buffalo will stand.

The facility is located on land that was acquired in connection with the Seneca Nation Settlement Act of 1990. Opponents long claimed that the site does not qualify under the Indian Gaming Regulatory Act.

The 2nd Circuit Court of Appeals concluded otherwise last September. The tribe's land is held in "restricted fee" status so IGRA's general prohibition against gaming on lands placed "in trust" after 1988 does not apply, the unanimous decision stated.

An artist's rendering of the $40 million structure at the Seneca Buffalo Creek Casino in Buffalo, New York. Photo from Facebook

The tribe was not a party to the case -- casino opponent sued the National Indian Gaming Commission. But the Supreme Court's refusal to hear the dispute puts to rest any lingering doubts about the Buffalo facility, which is undergoing a $40 million expansion.

Historically, gaming cases rarely make it to the high court. The last decision that directly addressed IGRA was Michigan v. Bay Mills Indian Community from May 2014. Before that was Chickasaw Nation v. US in 2001.

Still, the Seneca case arose during unusual circumstances. The passing of Antonin Scalia has left the court with eight members and the petition was listed for consideration three times before the justices took action on Monday.

In addition to the facility in Buffalo, the tribe operates the Seneca Niagara Resort and Casino on land that was acquired in connection with its settlement act.

2nd Circuit Court of Appeals Decision:
Citizens Against Casino Gambling in Erie County v. Chaudhuri (September 15, 2015)