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Old 07-08-2008, 04:18 PM
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Default Judge rules against Seneca Nation on Buffalo casino

So, a federal judge ruled that Indians can't do what they want on their own land.

Judge rules against Seneca Nation on Buffalo casino : Home : The Buffalo News

From the article:

A federal judge today ruled against the Seneca Nation's Buffalo Creek Casino, saying that casino gambling cannot legally take place on the nine-acre site on Michigan Avenue.

U.S. District Judge William M. Skretny, in a 127-page decision, vacated the earlier decision by the commissioner of the National Indian Gaming Commission to allow gambling.

It was not immediately clear whether Skretny's ruling will halt construction on the $333 million permanent casino, but it is clear that the temporary casino no longer has the legal right to operate.

Skretny ruled that the parcel is indeed Indian country.

"However, the court finds that the (National Indian Gaming Commission's) July 2, 2007, determination that the Buffalo parcel is gaming-eligible ... is arbitrary, capricious and not in accordance with the law."
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Old 07-08-2008, 04:20 PM
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No body can do whatevery they want on their own land.
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Old 07-08-2008, 04:23 PM
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Originally Posted by Oregon Elephant View Post
No body can do whatevery they want on their own land.
Since Indian tribes are sovereign nations, however...
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Old 07-08-2008, 04:49 PM
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Actually, they aren't completely sovereign nations.

In Worcester v. Georgia, it was determined that state laws do not have meaning within the tribal country, however federal laws do.

Also the Indian Gaming Regulatory Act requires that they work out any desires for a casino with the state.

They can't do whatever they want.
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Old 07-08-2008, 05:18 PM
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Quote:
Originally Posted by Oregon Elephant View Post
Actually, they aren't completely sovereign nations.

In Worcester v. Georgia, it was determined that state laws do not have meaning within the tribal country, however federal laws do.

Also the Indian Gaming Regulatory Act requires that they work out any desires for a casino with the state.

They can't do whatever they want.
No, it's American soil so American rules. Oh wait, woops, yeah it's stolen land isn't it. Oh well finders keepers I suppose.
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Old 07-08-2008, 05:32 PM
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No, it's American soil so American rules. Oh wait, woops, yeah it's stolen land isn't it. Oh well finders keepers I suppose.
All land is stolen land from someone, since no one was here since the beginning of time, everyone arrived at one time.
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Old 07-08-2008, 05:47 PM
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Originally Posted by Oregon Elephant View Post
All land is stolen land from someone, since no one was here since the beginning of time, everyone arrived at one time.
Exactly, even now land is being stolen and this is exactly why property rights are silly.

Sorry, I'm not deliberately hijacking this thread.
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Old 07-08-2008, 07:00 PM
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Quote:
Originally Posted by Oregon Elephant View Post
Actually, they aren't completely sovereign nations.

In Worcester v. Georgia, it was determined that state laws do not have meaning within the tribal country, however federal laws do.

Also the Indian Gaming Regulatory Act requires that they work out any desires for a casino with the state.

They can't do whatever they want.
In this case, they did work it out and there was federal approval for the casino. This judge, however, went against that approval. Not that I support casinos but the Senecas went through all the necessary hoops.
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A panda walks into a cafe. He orders a sandwich, eats it, then draws a gun and fires two shots in the air.

"Why?" asks the confused waiter, as the panda makes toward the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder.

"I'm a panda," he says at the door. "Look it up."

The waiter turns to the relevant entry and, sure enough, finds an explanation.

"Panda. Large black-and-white bear-like mammal, native to China. Eats, shoots and leaves."

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Old 07-08-2008, 07:07 PM
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In this case, they did work it out and there was federal approval for the casino. This judge, however, went against that approval. Not that I support casinos but the Senecas went through all the necessary hoops.
Then it should be easy for them to overturn that judge, if it is just one judge.
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Old 07-08-2008, 09:29 PM
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Here is my take, is the land that they want to build the casino on recognized as sovereign territory? If so they should be allowed to build what ever they want.

If not then they must obey the rules of the US and NYS. If Canada were to buy land privately from an owner in the US, Canada would own that land, but it still would be US territory.

Now if the Seneca nation bought land from the federal government, it would be considered sovereign land IMHO



Quote:
Originally Posted by Chan View Post
So, a federal judge ruled that Indians can't do what they want on their own land.

Judge rules against Seneca Nation on Buffalo casino : Home : The Buffalo News

From the article:

A federal judge today ruled against the Seneca Nation's Buffalo Creek Casino, saying that casino gambling cannot legally take place on the nine-acre site on Michigan Avenue.

U.S. District Judge William M. Skretny, in a 127-page decision, vacated the earlier decision by the commissioner of the National Indian Gaming Commission to allow gambling.

It was not immediately clear whether Skretny's ruling will halt construction on the $333 million permanent casino, but it is clear that the temporary casino no longer has the legal right to operate.

Skretny ruled that the parcel is indeed Indian country.

"However, the court finds that the (National Indian Gaming Commission's) July 2, 2007, determination that the Buffalo parcel is gaming-eligible ... is arbitrary, capricious and not in accordance with the law."
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