Skretny Punts

26 Aug

Judge Skretny refused today to issue an order shutting down the Buffalo Creek casino.

The judge instead directed a federal agency — the National Indian Gaming Commission — to “carry out their congressionally mandated obligations” and decide whether the casino should be shut down…

…Today’s ruling comes as construction crews continue erecting the structural steel for the casino project on nine acres of land off Michigan Avenue east of HSBC Arena.

Attorneys for the opposition, Citizens for a Better Buffalo, and the U.S. government, which represents the National Indian Gaming Commission, were originally expected to have arguments before Skretny. But he told both sides on Aug. 15 that he would rule on their motions on or before today.

Today is also the first day that new rules by the National Indian Gaming Commission take effect, which the government says makes the Seneca land eligible for gambling.

Skretny’s anger at the government attorneys for not telling him about the new rules changes while he considered the casino’s future comes through in today’s opinion.

Citizens for a Better Buffalo, you’ll note from the caption of the decision, is not a party to the action, which again brings up the question of why the Wendt Foundation is funneling its funding of this lawsuit through the Network for Religious Communities then through non-party Citizens for a Better Buffalo.

Whatever. No one cares.

7 Responses to “Skretny Punts”

  1. Mike In WNY August 26, 2008 at 3:05 pm #

    Gee, you think Skretny is being subjected to a bit of political pressure? Nah, couldn’t happen in our Federal Court System.

  2. WNYMind August 26, 2008 at 5:40 pm #

    Like I said before, the judge will kick this back to the NIGC, the NIGC will revoke the old license and issue a new one under the current rules. End of story.

    So, it is over, the Casino will move forward and the Casino opponents will have to look for a new way to fight the project. But, the NIGC gets to call the shots from here on out.

    Wendt and company will try to argue otherwise, but they lost and are now in the post-rational zone.

    A word of advice to the Wendt trustees. Don’t waste any more of the tax exempt dollars in your investment fund. You lost this battle and now it is time to cut your losses. Anything else would make me think you can’t stop using the Wendt resources in your gamble to close the casino.

  3. TheRover August 26, 2008 at 9:40 pm #

    Citizens For a Better Buffalo……you rolled the dice, and lost.

    Welcome to Buffalo Creek Casino.

  4. dtwarren August 27, 2008 at 7:35 am #

    I believe that Judge Skretny is giving the NIGC rope to hang itself. While the appeals in CACGEC, et al v. Hogen, et al are dueling on appeal the second wave will start before Judge Skretny.

    I note that the DOJ was reported as not having to decide whether or not to appeal: http://www.buffalonews.com/home/story/424207.html

  5. frieda August 27, 2008 at 9:47 am #

    from a ruling this july in a similar case in Florida, Federal Judge Mickle wrote….

    The Indian Gaming Regulatory Act provides clear and convincing evidence that Congress intended to preclude judicial review,’ …

    “The federal government does have the right to prosecute and fine Seminole leaders if they operate illegal gambling on their reservations, according to Mickle, but a judge can’t make that finding or issue an injunction independently.”

  6. DJohn August 27, 2008 at 10:01 am #

    Good to see someone protecting Buffalo from another huge mistake with a casino. The law is working, keep up the good work!

  7. dtwarren August 27, 2008 at 1:16 pm #

    @frieda There is a stark difference between the case you refer to from Florida and the one by CACGEC, et al. Specifically that case surrounded the legality of the tribal-state compact not the issue of whether or not it was being conducted on gaming eligible land like in CACGEC, et al, and it only denied a preliminary injunction, it did not dismiss the action. See: http://www.narf.org/nill/bulletins/dct/unreported/ppiinc.pdf

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