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Feds say Buffalo casino can stay open

Thu, Jan 22nd 2009 12:00 am
By JAMES FINK
Business First

In a crucial ruling for the continued operation of the Seneca Buffalo Creek Casino, two federal agencies reaffirmed that the downtown gaming venue meets all guidelines.

The ruling comes six months after U.S. District Court Judge Hon. William Skretny ruled that while the nine acres of land the Seneca Nation of Indians owns along South Park Avenue is sovereign territory, a 2007 gaming approval was "arbitrary and capricious." Skretny made his ruling as part of a lawsuit filed by a consortium of anti-casino advocates.

Tuesday morning, both the National Indian Gaming Commission and the U.S. Department of Interior reaffirmed their stance that the casino is a valid and legal operation.

An interim casino opened July 3, 2007. The Seneca Nation began construction of a $330 million permanent casino and hotel in October 2007 but suspended the development project last August, citing economic concerns. The shutdown came 24 hours after Skretny ruled against the casino, backing up another motion he made in July. Both motions are still being appealed.

"Strip away all the complicated legal rulings and arguments, and this is what we have, in reality," said Seneca Nation President Barry Snyder Sr., in a prepared statement. "We have a temporary casino operating legally and around the clock with the concurrence of the federal, state, county and city governments."

Snyder said construction on the casino, which is expected to employ more than 1,000 people, will commence "when the Seneca Gaming Corp. determines the time is right."

Attorneys for a citizens' group that has fought to close the casino could not immediately be reached for comment.