Buffalo casino foes file to bar Senecas from full role in suit
Critics of the Seneca Nation’s Buffalo casino project filed federal court papers Wednesday opposing efforts by the Senecas to take an active role in the court battle over the legality of the casino.
On June 16, the Senecas asked U. S. District Judge William M. Skretny to allow them to become a “full party” to the lawsuit.
“In the past, [Skretny] has ruled that the Senecas were not an indispensable party to this litigation, and I see no reason for the court to change its mind this time around,” said Cornelius D. Murray, lead attorney for Citizens Against Casino Gambling in Erie County.
“It is inappropriate . . . to grant them full party status because the main issue in the case is what the [National Indian Gaming Commission] did.”
Because the Senecas are a sovereign nation, casino opponents cannot sue them directly. The casino opponents had to direct their legal complaints against the federal government.
Seneca lawyers last month asked Skretny to let them waive their right to immunity from lawsuits, but only for the purposes of the federal lawsuit. The judge has not yet ruled on that request.
The contentious federal court dispute has gone on for three years and could take years more before it is concluded.
So far during the litigation, the Senecas have only been allowed to file documents as “a friend of the court,” giving their opinions on the proceedings but not taking an active role.
The Senecas have operated a small slot machine-only facility since July 2007. They began erecting steel for the larger casino and a hotel last year but abruptly stopped that work last August, blaming the stoppage on financial problems.
Casino opponents claim that the Indian Gaming Commission illegally granted the Senecas permission to open a Buffalo casino.
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