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Thursday, December 4, 2008

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Updated: 09/05/08 08:08 AM

GAMBLING

Senecas to appeal agency ruling tribe’s downtown casino is illegal

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The Seneca Nation of Indians Thursday announced it is appealing a federal agency’s decision that the tribe’s Buffalo casino is operating illegally and could be shut down.

In a letter to Phil Hogan, the chairman of the National Indian Gaming Commission, Seneca President Maurice A. John Sr. said either a higher-court review of a district court ruling or the agency’s approval of a new gambling ordinance for the tribe could supersede the order the agency announced Wednesday.

“It is the nation’s view that it has lawfully obtained all required government approvals for its Class III gaming ordinance,” John said in the letter.

The planned appeal follows Hogan’s “notice of violation” from a day earlier, which said the casino is operating in violation of federal law thanks to U. S. District Court Judge William Skretny’s decision in July revoking the agency’s approval of the gambling hall.

“In order to correct the ongoing violation under the district court decision, the nation can close its Buffalo, N. Y., gaming facility within five days,” the NIGC notice said. “The violation cited above also may result in the issuance of a temporary closure order,” as well as a fine of up to $25,000 per day.

Meanwhile, he said the tribe has submitted a new gaming ordinance to the NIGC that aims to comply with new regulations governing Indian casinos.

Federal law gives the Senecas 30 days to appeal Hogan’s decision to the full National Indian Gaming Commission. The Senecas can request a hearing before the commission in the matter or choose to have the appeal decided based on written submissions.

jzremski@buffnews.com .


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