Judge rules against Buffalo casino
Business First of Buffalo - by James Fink Business First
A federal judge ruled Tuesday afternoon that the Seneca Buffalo Creek Casino is operating a downtown Buffalo gambling site in violation of federal law.
U.S. District Court Justice William Skretny, in a highly anticipated ruling, said approval by the National Indian Gaming Commission that was granted on July 2, 2007 was "arbitary, capricious, and not in accordance with the law."
The decision, which does validate the Senecas ownership of the property, may cast an ominous shadow over plans by the Seneca Gaming Corp. to build its permanent $333 million gaming center in downtown Buffalo.
The 127-page ruling was part of a lawsuit filed by the Citizens for a Better Buffalo filed against federal officials concerning Seneca Gaming Corp.'s operation of Seneca Buffalo Creek Casino along Michigan Avenue. The anti-gaming group claims the nine-acre parcel acquired by the Senecas, an arm of the Seneca Nation of Indians, is not gaming eligible.
Skretny's ruling appears to support that claim.
An appeal of the decision is expected and it remains unclear if the construction will continue. A temporary casino at the location opened a year ago this month.
Seneca Gaming officials canceled a news conference and said a statement will be issued later Tuesday.