Comments on: Skretny Punts

By: dtwarren

dtwarren — Wed, 27 Aug 2008 15:16:44 +0000

@frieda There is a stark difference between the case you refer to from Florida and the one by CACGEC, et al. Specifically that case surrounded the legality of the tribal-state compact not the issue of whether or not it was being conducted on gaming eligible land like in CACGEC, et al, and it only denied a preliminary injunction, it did not dismiss the action. See: http://www.narf.org/nill/bulletins/dct/unreported/ppiinc.pdf

By: DJohn

DJohn — Wed, 27 Aug 2008 12:01:01 +0000

Good to see someone protecting Buffalo from another huge mistake with a casino. The law is working, keep up the good work!

By: frieda

frieda — Wed, 27 Aug 2008 11:47:15 +0000

from a ruling this july in a similar case in Florida, Federal Judge Mickle wrote….

The Indian Gaming Regulatory Act provides clear and convincing evidence that Congress intended to preclude judicial review,’ …

“The federal government does have the right to prosecute and fine Seminole leaders if they operate illegal gambling on their reservations, according to Mickle, but a judge can’t make that finding or issue an injunction independently.”

By: dtwarren

dtwarren — Wed, 27 Aug 2008 09:35:04 +0000

I believe that Judge Skretny is giving the NIGC rope to hang itself. While the appeals in CACGEC, et al v. Hogen, et al are dueling on appeal the second wave will start before Judge Skretny.

I note that the DOJ was reported as not having to decide whether or not to appeal: http://www.buffalonews.com/home/story/424207.html

By: TheRover

TheRover — Tue, 26 Aug 2008 23:40:11 +0000

Citizens For a Better Buffalo……you rolled the dice, and lost.

Welcome to Buffalo Creek Casino.

By: WNYMind

WNYMind — Tue, 26 Aug 2008 19:40:23 +0000

Like I said before, the judge will kick this back to the NIGC, the NIGC will revoke the old license and issue a new one under the current rules. End of story.

So, it is over, the Casino will move forward and the Casino opponents will have to look for a new way to fight the project. But, the NIGC gets to call the shots from here on out.

Wendt and company will try to argue otherwise, but they lost and are now in the post-rational zone.

A word of advice to the Wendt trustees. Don’t waste any more of the tax exempt dollars in your investment fund. You lost this battle and now it is time to cut your losses. Anything else would make me think you can’t stop using the Wendt resources in your gamble to close the casino.

By: Mike In WNY

Mike In WNY — Tue, 26 Aug 2008 17:05:24 +0000

Gee, you think Skretny is being subjected to a bit of political pressure? Nah, couldn’t happen in our Federal Court System.