No Casino for Cheektowaga

[dtwarren]

http://www.wgrz.com/news/news_article.aspx?storyid=21332

Judge Says Casino Must Be Built in Buffalo

Updated by: Kim DeGeorge, Assignment Desk Editor
Posted by: Maria Sisti, Assignment Editor
Created: 6/16/2004 5:15:24 PM
Updated: 6/16/2004 6:25:41 PM

State Supreme Court Judge Joseph Makowski said Wednesday the Seneca Nation must build it's third casino in Buffalo, not Cheektowaga as planned.

The ruling is considered a major victory for the city and a business group led by developer Carl Paladino. In making his decision, Makowski said language in the gaming compact saying the nation could look outside Buffalo for any reason if a suitable site in the city could not be found is unconstitutional.

"Today's ruling is a hollow victory for Mayor Masiello and his cohorts," says Seneca Nation President Rickey L. Armstrong, Sr. "They only thing they have succeeded in is completely alienating the Seneca Nation. After the way we have been treated over the past few months, I cannot imagine any scenario in which we would bring a casino to Buffalo. If they think they can force this deal, they are sorely mistaken."

The Senecas had proposed to build their third casino on 57 acres of land owned by the Uniland Development Corporation near the Buffalo Niagara International Airport in Cheektowaga. Justice Makowski also ruled to prohibit Uniland from selling its property to the Senecas.

President Armstrong says the Senecas will encourage Uniland to appeal the ruling.

Cheektowaga Town Attorney Michael Stachowski contends the language allows the Nation to build wherever they want in Erie County and says he intends to appeal the decision.

[absolivious]

Originally posted by dtwarren
Judge Says Casino Must Be Built in Buffalo

... Makowski said language in the gaming compact saying the nation could look outside Buffalo for any reason if a suitable site in the city could not be found is unconstitutional.

...<SNIP>...

Justice Makowski also ruled to prohibit Uniland from selling its property to the Senecas.

I guess I need someone to 'splain the meaning of "unconstitutional" to me - especially in light of these two rulings appearing in a single decision.

[dtwarren]

Basically, Justice Makowski ruled in the City of Buffalo's action against the State, Town of Cheektowaga, and Uniland Development that the Governor exceeded the authority conferred on him by the legislature, thus unconstitutionally, when he agreed to the language in the compact that allowed the Senecas to unilaterally pick a location in Erie County. He held that the MOU provides that if no location in Buffalo is acceptable to the Senecas they would propose a different location within Erie County and the Legislature must then vote on and approve of such other location.

[absolivious]

Originally posted by dtwarren
Basically, Justice Makowski ruled in the City of Buffalo's action against the State, Town of Cheektowaga, and Uniland Development that the Governor exceeded the authority conferred on him by the legislature, thus unconstitutionally, when he agreed to the language in the compact that allowed the Senecas to unilaterally pick a location in Erie County. He held that the MOU provides that if no location in Buffalo is acceptable to the Senecas they would propose a different location within Erie County and the Legislature must then vote on and approve of such other location.
What you are saying then, is that Uniland and the Seneca Nation jumped the gun by entering an agreemnet to transfer the Holtz Rd property prior to the NYS legislature's approval of the site as an alternative.

Otherwise, I don't believe any judge could legally prohibit the transfer of privately-owned, lien-free real property between two entities.

For instance, I'm sure there would be no court that could prevent Barry Snyder from purchasing it on his own, tomorrow - just as an investment.

[dtwarren]

This was not just a land deal and therefore it cannot be compared to one.

It is true that Barry Snyder or even the Seneca Nation could purchase this land, but Class III gaming would not be permitted on it. There is also a serious question whether any class of Gaming can be conducted on that land if acquired by the SNI.

Lastly, if Barry Snyder purchased the land he would have to charge and collect taxes because it would not be considered Indian land as defined by federal law.

[dtwarren]

I just received the Decision in this action and will make it publicly available on Monday.

[WNYresident]

OH be a sport and make it public on speakupwny :)

[dtwarren]

I will e-mail it to you on Monday. I have to scan it in so it will be a pdf file.

[dtwarren]

The New York Court of Appeals dismissed the Town of Cheektowaga's appeal and assessed a total of $500 in costs against them.

See page 8 second case from the top on this document: http://www.nycourts.gov/courts/appeals/decisions/feb06/022106dc.pdf