Judge issues Mixed Decision

[yokes]

http://www.wben.com/news/fullstory.php?newsid=10680

Buffalo, NY (WBEN) - U.S. District Court Judge William Skretny has issued a mixed ruling on a motion filed by opponents of casino gambling to require the Seneca Nation to immediately close down their temporary gaming hall and cease construction of their planned luxury Seneca Creek casino.

[PlayingKoi]

From The WBEN Newsroom....
Federal Judge William Skretny has issued a mixed decision in the request from Buffalo casino opponents to have the downtown casino shut down. The judge stands by his July ruling that the site is not eligible for casino gaming. But the decision refers all enforcement of that stance to The National Indian Gaming Commission.
Hear complete reaction at the top and bottom of each hour plus commentary from Tom Bauerle and Sandy Beach on WBEN 930 AM. For the latest updates and more information log on to wben.com.

[PlayingKoi]

****it! Posted it on the wrong forum. Sorry!

[Slim.fsp]

I think the Seneca's should keep on providing a service to the area and if the thugs with guns come and stop them they should then level the buildings on the property and put up a sign saying "the authoritarians denied our property rights and lost 300 million in investment dollars and X jobs for the area."

[FisherRd]

I think the Indians should do what the frigging Federal Judge told them to do.

[yokes]

I think the Indians should do what the frigging Federal Judge told them to do.

What did the judge tell them to do?

[FisherRd]

What did the judge tell them to do?

The 21 page ruling reiterates the judge's July order that the site is not eligible for casino gaming. But the order also refers all enforcement of the ruling to The National Indian Gaming Commission.

[yokes]

U.S. District Judge William M. Skretny today refused to order the Seneca Indians to immediately shut down their temporary Buffalo casino.

http://www.buffalonews.com/home/story/423661.html

[Slim.fsp]

I think the Indians should do what the frigging Federal Judge told them to do.

Should the people back in the 1800's of turned in every escaped slave that they saw? Judges back then said that is what they should do.

You may say the 1800's was a long time ago and we as a society have evolved since then. Ok how about during WWII when the government kidnapped people from their lives and put them in to concentration camps just because their ancestors came from Japan.

Judges are not smarter then you they are just other individuals, they make mistakes and errors too. Just because they wear a black dress and carry a wooden hammer does not give them any special powers they are just cross-dressing fools.

[dtwarren]

Judge Skretny ruled that although Plaintiffs were entitled to enforcement of the judgment they were not entitled to select closure of the facility, but the court ruled that the NIGC must take one of the enforcement actions set forth in IGRA from a daily fine up to and including closure and directed it take such action forthwith.

Judge Skretny ruled that the Defendants' request "to remand this matter to the NIGC on the ground that the NIGC’s “settlement of a land claim” analysis did not acknowledge relevant, well settled law." The court also declined to remand the matter back to the NIGC based on the new regulations as a matter of discretion.

[speaker]

Well, we all play roles.

Even on this message board. There's the good guy, the villain, the female victim, the siren, the grump and many more. We all play our parts.

This is one thing I especially appreciate in life, that it takes everyone to make a picture.

I think the judge was careful and concise, given that he was the one handed a platter of worms.

[FisherRd]

Should the people back in the 1800's of turned in every escaped slave that they saw?
yes

You may say the 1800's was a long time ago and we as a society have evolved since then.
yes
Ok how about during WWII when the government kidnapped people from their lives and put them in to concentration camps just because their ancestors came from Japan.
I'm OK with that.

Judges are not smarter then you they are just other individuals, they make mistakes and errors too.
They do make mistakes. They also make decisions in regards to current laws.
Just because they wear a black dress and carry a wooden hammer does not give them any special powers they are just cross-dressing fools.

It does give them special powers. They have been elected or appointed by elected officials. They are supposed to uphold the law.

[dtwarren]

http://www.wben.com/news/fullstory.php?newsid=10731

NIGC Rules Against Buffalo Casino
Wednesday, September 3, 2008 06:27 PM - WBEN Newsroom


Buffalo, NY (WBEN) - The Seneca Nation says it has been informed by the National Indian Gaming Commission's chairman the NIGC has issued a notice of violation against the temporary downtown Buffalo casino. This comes after Federal Judge William Skretny ruled casino gaming at the site illegal.

[yokes]

http://www.wben.com/news/fullstory.php?newsid=10731

NIGC Rules Against Buffalo Casino
Wednesday, September 3, 2008 06:27 PM - WBEN Newsroom


Buffalo, NY (WBEN) - The Seneca Nation says it has been informed by the National Indian Gaming Commission's chairman the NIGC has issued a notice of violation against the temporary downtown Buffalo casino. This comes after Federal Judge William Skretny ruled casino gaming at the site illegal.

but stopped short of telling thm to close ;)

[300miles]

WTF... This process is NEVER-ENDING


the rest of the article:

"Seneca President Maurice John says the nation intends to immediately file its notice of appeal with the agency. That will start an administrative review process under the agency's regulations. John says the chairman did not order closure of the casino.

John says the federal government is actively considering its appeal options in the case, and the commission is still reviewing the nation's recently submitted gaming ordinance. Decisions are expected between 30 to 45 days.

John says the Buffalo Creek Casino will remain open during the appeal process."

[yokes]

WTF... This process is NEVER-ENDING


the rest of the article:

"Seneca President Maurice John says the nation intends to immediately file its notice of appeal with the agency. That will start an administrative review process under the agency's regulations. John says the chairman did not order closure of the casino.

John says the federal government is actively considering its appeal options in the case, and the commission is still reviewing the nation's recently submitted gaming ordinance. Decisions are expected between 30 to 45 days.

John says the Buffalo Creek Casino will remain open during the appeal process."

when it comes to casino's the indians always win.

[dtwarren]

I believe the more they play these games the less likely Judge Skretny will be inclined to grant them a stay pending appeal.

In determining whether to grant a stay under Rule 62(c), the Court must consider (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits, (2) whether the applicant will be irreparably injured absent a stay (To establish irreparable harm, the injury alleged must be one requiring a remedy of more than mere money damages. Irreparable injury means the kind of injury for which money cannot compensate, and therefore a monetary loss will not suffice unless the movant provides evidence of damage that cannot be rectified by financial compensation), (3) whether issuance of the stay will substantially prejudice the other parties interested in the proceeding, and (4) the public interest. In re World Trade Center Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). The standard for granting a stay pending appeal is flexible, in that a weak showing on one factor may be counterbalanced by a strong showing on others. Mohammed v. Reno, 309 F.3d 95, 101 (2d Cir. 2002). However, the "burden of establishing a favorable balance of these factors is a heavy one and more commonly stay requests will be denied." Barcia v. Sitkin, No. 79 Civ. 5831, 2004 U.S. Dist. LEXIS 5362, 2004 WL 691390, at *1 (S.D.N.Y. Mar. 31, 2004).

My drill seargent had a saying for people who do what they are doing, however I cannot post it publicly or I would have to give myself a time-out. I may then have to come back and complain how unfair I was to myself! But if you PM me I will tell you.

[300miles]

The above text explains absolutely nothing to my non-attorney brain.

;)

[dtwarren]

English translation: (stay means to put the judgment on hold)

The United States as the appealing party would have to demonstrate that they can make a strong showing that they may likely succeed on appeal; that they would suffer irreparable harm (harm that money can't fix); whether any winning party would be harmed by granting the stay; and would the stay be in the public interest.

[300miles]

Thanks. :)

[dtwarren]

Latest letter to counsel for the United States from plaintiffs' attorney stating that if the NIGC allows the Buffalo Casino to remain open pending the administrative appea of the Notice of Violation or permitting the NIGC to approve new ordinance under new regulations they will move to hold the NIGC in contempt of court.