By JAMES FINK
Business First

The Seneca Nation of Indians, as expected, filed a formal appeal with the National Indian Gaming Commission, one day after the federal agency placed a "notice of violation" on the operation of Seneca Buffalo Creek Casino.

The filing is the latest salvo in legal battle between the Seneca Nation and those opposed to casino gaming in Buffalo.

The National Indian Gaming Commission, late Wednesday afternoon, imposed the notice of violation on the Seneca Nation in relation to the downtown Buffalo casino. The Seneca Nation could be forced to close the interim casino by today or face the potential of a $25,000 daily fine.

Seneca officials said the casino will remain open and the NIGC ruling is being appealed. The appeal triggers an administrative review by the NIGC.

They also noted the NIGC, while issuing the notice of violation, did not order the immediate closure of Seneca Buffalo Creek Casino.

"The Seneca Nation, as always, will comply with applicable rulings, but will also exercise the full scope of its rights, administratively and judicially," said Seneca Nation President Maurice John Sr. in a prepared statement. "We are confident that the Nation's gaming rights will be recognized on our sovereign Buffalo Creek territory for the benefit of the Western New York economy."

In addition to the Seneca Nation's appeal to the NIGC, the U.S. government is considering its own appeal of rulings by U.S. District Court Judge Hon. William Skretny, who in July, said while the nine acres of land owned by the tribe along South Park Avenue is sovereign territory, the decision in July 2007 by the NIGC to allow gaming to take place was "arbitrary and capricious."

Last week Skretny backed up his decision with a second ruling that went against the casino operations in Buffalo.

John, in a letter he sent Wednesday to Phil Hogen, NIGC chairman, said notice of violation is based on Skretny's rulings which "are wrong as a matter of law and policy."

Skretny made his ruling, based on a case presented before him by Citizens Against Casino Gaming in Erie County and more than 20 other plaintiffs.

Legal representatives of the anti-casino forces said they want to see what other appeals will be filed by the Seneca Nation and the U.S. government.

"I can assure you of one thing," said Albany attorney Cornelius Murray, who represents the Citizens Against Casino Gaming in Erie County. "We won't accept some form of wrist-slapping here. If the tribe continues to gamble, it's a continuing violation of the law."

Since Skretny's ruling, the Seneca Nation announced it was suspending construction work on the $333 million permanent Seneca Buffalo Creek Casino as well as a $130 million hotel addition to the Seneca Allegany Casino & Hotel in Salamanca. The shut down was attributed to a weakened national economy and not Skretny's rulings.