Second Circuit Rules in Favor of Seneca Nation in Gaming Dispute

Here is the opinion in Citizens Against Casino Gambling in Erie County v. Chaudhuri:

CACGEC Opinion

The court’s syllabus:

The plaintiffs, organizations and individuals who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, New York, filed an action in the United States District Court for the Western District of New York against the National Indian Gaming Commission, its Chairman, the Department of the Interior, and the Secretary of the Interior, arguing that the National Indian Gaming Commission acted arbitrarily and capriciously and abused its discretion in approving an ordinance that permitted the Seneca Nation to operate a class III gaming facility in Buffalo. The district court (Skretny, J.) dismissed the action, and the plaintiffs appealed. We hold that the Seneca Nation’s lands in Buffalo are gaming‐eligible under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721, as “Indian lands” under the Seneca Nation’s jurisdiction and that IGRA Section 20’s prohibition of gaming on trust lands acquired after IGRA’s enactment, 25 U.S.C. § 2719(a), does not apply. Accordingly, we AFFIRM.

Briefs here.

Lower court materials here.

Second Circuit Briefs in Citizens against Casino Gambling in Erie County v. Hogen (FINAL)

Here:

Final CACGEC Principal Brief

Final Federal Brief

Final Seneca Amicus Brief

Final CACGEC Reply Brief

Final Federal Reply Brief

Lower court materials here.

Second Circuit Briefs in Challenge to Seneca’s Buffalo Casino

UPDATE — these briefs have been superceded with final form briefs (whatever that means) available here.

Here are the materials in Citizens against Casino Gambling in Erie County v. Hogen:

CACGEC Opening Brief

Federal Appellee Brief

Seneca Amicus Brief

CACGEC Reply Brief

Lower court materials here.

Federal Court Dismisses Challenges to Seneca’s Buffalo Gaming Operations — UPDATED with Briefs

Here is the opinion in Citizens against Casino Gambling in Erie County v. Stevens (W.D. N.Y.):

Decision and Order May 10 2013

More details later.

Briefs:

CACGEC Motion for Summary J

Seneca Nation Opposition

United States Opposition

CACGEC Reply

Discovery Update in CACGEC v. Stevens

Here are the materials in this motion to compel discovery, partially granted:

CACGEC Motion for Discovery

NIGC Response

CACGEC Reply

DCT Order on Motion for Discovery