Seneca Nation won't appeal ruling in off-reservation casino case

Litigation | NIGC | New York
Seneca Nation won't appeal ruling in off-reservation casino case
Tuesday, April 5, 2011

The Seneca Nation of New York won't appeal a decision that bars the tribe from intervening in a lawsuit challenging its its off-reservation casino.

The 2nd Circuit Court of Appeals affirmed a judge's ruling that said the tribe waited too long to file a motion to intervene. The tribe will continue to participate in the case as a friend of the court and its interests will be represented by the federal government.

The tribe opened the Seneca Buffalo Creek Casino in downtown Buffalo in July 2007. Opponents say the site doesn't qualify under the Indian Gaming Regulatory Act.

The National Indian Gaming Commission has said the casino is legal.

Get the Story:
No intervention for Senecas in casino suit (Business First of Buffalo 4/5)

2nd Circuit Decision:
Citizens Against Casino Gambling in Erie County v. Hogen (March 28, 2011)

District Court Decision:
Citizens Against Casino Gambling in Erie County v. Hogen (March 30, 2010)

Relevant Documents:
Solicitor's Opinion: Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands (January 18, 2009) | National Indian Gaming Commission Approval of Seneca Nation Casino (January 20, 2009)

Related Stories:
2nd Circuit blocks Seneca Nation from off-reservation lawsuit (3/29)
Judge won't let Seneca Nation intervene in gaming case (3/31)