The Seneca Gaming Corp. said Tuesday's decision by U.S. District Court Judge William Skretny will not stop them from operating the Seneca Buffalo Creek Casino or moving ahead with construction of its $333 million gaming center in downtown Buffalo.

Skretny, in a 127-page decision, ruled that a 9-acre parcel acquired by the Seneca Gaming Corp., an arm of the Seneca Nation of Indians, in 2005 is "Indian country."

But, at the same time, Skretny said a July 2, 2007 decision by the National Indian Gaming Commission that allowed gaming to take place on the land is "arbitrary, capricious and not in accordance with the law."
Skretny made his decision in a federal case filed against National Indian Gaming Commission by several plaintiffs headed by the anti-gaming advocacy group, Citizens Against Casino Gambling in Erie County. The Seneca Nation of Indians and Seneca Gaming Corp. were not named in the suit, but were considered friends of the court.

An appeal, which is likely, will come from the U.S. government and not the Seneca Nation or Seneca Gaming.

"The temporary Seneca Buffalo Creek Casino will continue to operate as usual while the Seneca Nation of Indians confers with the United States government as to the effects of today's decision," said Barry Snyder Sr., Seneca Gaming chairman, in a release issued Tuesday afternoon.
However, one of the lawyers representing the anti-gaming contingent disputed Seneca Gaming's response.

"If they continue to gamble, they are doing so illegally," said Buffalo attorney Richard Lippes.

Lippes warned if gaming continues at the temporary Seneca Buffalo Creek Casino his group may seek a federal injunction to shut down the slot machine-only operation.

No injunctions are expected to be filed against the construction of the permanent casino.

"They can build the casino, they just can't operate it," Lippes said.

The casino is the largest private development in Buffalo's history. The facility includes 202 hotel suites and more than 90,000 square feet of gaming space. Construction began last year. The casino is expected to open in two years.
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