Western District of New York – Page 3

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.

Tribal and Federal Court Complaints in Dispute between Seneca Nation and National Fuel Gas Co.

September 14, 2015Matthew L.M. Fletcher

Here is the complaint in National Fuel Gas Co. v. Seneca Nation of Indians (W.D. N.Y.), and tribal court complaints attached as exhibits:

1 Complaint

1-5 SNI v National Fuel Gas Co Complaint

1-6 SNI v. National Fuel Gas Co Complaint II

Federal Forfeiture Action over $400,000 of NY Indian Tobacco Retailer

February 6, 2015Matthew L.M. Fletcher

Here is the complaint in United States v. $400,000 (W.D. N.Y.):

1 Complaint for Forfeiture

Excerpts:

During the investigation, it was determined that the parties involved in the shipping of the contraband cigarettes in interstate commerce also filed false information to the appropriate taxation authorities as required under the Jenkins Act, Title 15, United States Code, Sections 375-378. All cigarette sales made by a stamping agent are required by New York State law to be recorded on a form known as Form CG which had to be sent on a monthly basis to the NYSDT in Albany, New York, with a certificate that the information contained therein was true and correct.

And:

During the time period of September 24, 2012 – January 14, 2013, AARON PIERCE through his corporation, AJ’s Wholesale LLC (“hereafter “AJ’s”) sold 403,413 cartons of cigarettes in a manner designed to make it look on paper as though the untaxed cigarettes were legitimately obtained through Ho-Chunk, Inc. (“HCID”) a tribal cigarette and tobacco distributor, a corporation operated by the Winnebago Tribe of Nebraska, as well as other Native American cigarette and tobacco suppliers.

Finally:

Ho-Chunk, Inc. is the parent company of HCI Logistics (HCIL) which is a commercial transportation company that HCID would use to transport product from the HCID warehouse in Winnebago, Nebraska. Neither HCID nor HCIL are licensed tobacco wholesalers or state stamping agents in Nebraska or New York State.

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

October 29, 2014Matthew L.M. Fletcher2 Comments

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 Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision

July 31, 2014Matthew L.M. Fletcher4 Comments

Here are the materials in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Brief

The syllabus:

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.