I hpoe this suit ends up in the garbage. Us Old folks like Casinos!
Judge nearing decision on suit to block Seneca casino in Buffalo
Work continues on site in the Cobblestone District
By Sharon Linstedt NEWS STAFF REPORTER
Updated: 06/30/08 7:45 AM
The fate of Indian casino gambling in downtown Buffalo will be known by next week.
A federal judge has alerted parties in the high-stakes legal battle over Seneca Buffalo Creek Casino that he’ll issue a decision in the case on or before July 8. U. S. District Court Judge William M. Skretny will rule on whether the Seneca Nation of Indians has the right to operate a casino on a nine-acre site in Buffalo’s Cobblestone District.
“We remain nothing but optimistic,” said Philip J. Pantano, spokesman for the Seneca Gaming Corp. “More than 400,000 people have visited the temporary casino since it opened on July 3, 2007, and we are making significant strides in construction of the single-largest private development project in the history of Buffalo.”
The federal lawsuit notwithstanding, site preparation and foundation work on the $333 million permanent Buffalo Creek Casino and Hotel has been in full swing since February. The Senecas are poised to begin erecting the structural steel frame of the casino, which is slated to open at the corner of Michigan and South Park avenues in mid-2010.
But Cornelius D. Murray, attorney for casino opponents, said all the work could be in vain.
“As we’ve said before, they are proceeding at their own risk and taking a big chance,” Murray said.
The Albany-based attorney, who has handled several other anti-casino actions, said while the outcome of the legal challenge has dramatic implications for Buffalo and the Seneca Nation, it will have national impact.
“It has profound implications anywhere people put a footprint in the ground and try to have it declared sovereign territory. This could set a precedent,” Murray added.
The lawsuit claims procedural errors were made by the U. S. Department of the Interior and the National Indian Gaming Commission in conferring “sovereign territory” status on the Buffalo parcel, which opened the door to Native American gambling operations.
While the Seneca Nation and its gambling company are not parties to the suit, they could lose the right to operate a casino on the site, if territorial rights are stripped away.
The federal agencies and Senecas argue that the Buffalo property was bought as part of the Seneca Nation Land Claims Settlement Act, the congressional act that settled long-term leases in Salamanca, which makes it eligible as an off-reservation casino venue.
Peter K. Cutler, spokesman for Mayor Byron W. Brown, said this is a key ruling for the City of Buffalo. “We’ll hold off on comment until we see the decision, but we are eager to see the judge’s ruling and learn what it means for the casino project,” Cutler said.
The Brown administration has a lot of employment, revenue and tourism hopes riding on Seneca Buffalo Creek Casino, including an expected $5 million to $7 million a year from the local share of slot machine revenues.
A 2006 agreement Brown penned with the Seneca Nation calls for 50 percent of the estimated 1,000 jobs to be created by the permanent facility to be filled by city residents. At least 25 percent of hires will be minorities, and 8 percent women.
The Senecas also promised to invest between $5 million and $7 million in infrastructure improvements in the Cobblestone neighborhood to support the casino operations. And the gambling corporation pledged to spend more than $1.7 million annually to market the facility and the city outside the region and state.
slinstedt@buffnews.com
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