United States Second Circuit

In an action filed by plaintiffs who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, NY, arguing that the National Indian Gaming Commission and its officers acted arbitrarily and capriciously and abused its discretion in approving an ordinance that permitted the Seneca Nation to operate a class III gaming facility in Buffalo, the district court's dismissal is affirmed where: 1) the Seneca Nation's lands in Buffalo are gaming-eligible under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. sections 2701-2721, as "Indian Lands" under the Seneca Nation's jurisdiction; and 2) IGRA section 20's prohibition of gaming on trust lands acquired after IGRA's enactment, 25 U.S.C. section 2719(a), does not apply.

Appellate Information

• Decided 09/15/2015
• Published 09/15/2015

Judges

• DRONEY

Court

• United States Second Circuit

Counsel