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A West Seneca contractor can sue the company that owns the Seneca Nation’s Hickory Stick Golf Course in Lewiston for unpaid bills, an appellate court ruled Friday.

The Appellate Division of State Supreme Court in Rochester unanimously upheld a March 2012 decision by State Supreme Court Justice Catherine Nugent Panepinto that Sue/Perior Concrete and Paving may pursue its claim that the Lewiston Golf Course Corp. owes $4.13 million in charges from the construction of the course

Three days before it opened in July 2010, the contractor filed its lawsuit.

The golf course contended that it is immune from a lawsuit because of the Senecas’ sovereignty, but Panepeinto rejected that notion. The corporation is controlled by the Senecas, but the golf course is on privately purchased property, not the Nation’s sovereign territory.

The golf course refused to pay the overruns on the construction project, claiming that Sue/Perior inflated the bills.