Senecas’ plans for N.Y. casino blocked

Carolyn Thompson

Thursday, June 17, 2004 | 8:54 a.m.

BUFFALO, N.Y. -- A judge halted the Seneca Indian Nation's plans to build a casino in suburban Buffalo, ruling Wednesday that the tribe may not put its third casino outside of the city.

The ruling is a victory for Buffalo, Mayor Anthony Masiello and some downtown business owners who challenged the Senecas' plans to build in Cheektowaga, insisting the casino and its economic benefits were meant for struggling Buffalo.

But Seneca President Rickey Armstrong called it a "hollow victory."

"The only thing they have succeeded in is completely alienating the Seneca Nation," Armstrong said in a written statement.

State Supreme Court Judge Joseph Makowski threw out part of a 2002 gaming compact between Gov. George Pataki and the Senecas as unconstitutional. In his 51-page ruling, the judge said Pataki lacked the authority to leave the door open for the Senecas to build anywhere in Erie County because an earlier memorandum approved by the Legislature specified Buffalo.

"The Court determines that the Legislature only empowered the governor to enter into a compact with the Seneca Nation consistent with the (memorandum of understanding)," Makowski wrote.

Pataki spokesman Todd Alhart did not immediately comment on the late afternoon decision, saying it was under review.

Town of Cheektowaga Attorney Michael Stachowski promised an appeal.

"I think the Legislature gave the governor enough authority to negotiate and then certify," Stachowski said. "You didn't see any legislators joining in this lawsuit."

At stake are hundreds of jobs and millions of dollars in revenue for the casino's host city and the tribe.

"President Armstrong obviously can be very bitter to us but that doesn't benefit anybody," Masiello said. "Let's get back together and forget about the past."

Armstrong said the tribe had followed the compact to the letter and would support an appeal.

"After the way we have been treated over the past few months, I cannot imagine any scenario in which we would bring a casino to Buffalo," the president said.

The gaming compact permits the Senecas to open three casinos with a condition they eventually share 25 percent of their slot machine profit with the state and host cities. The nation opened a Niagara Falls casino Dec. 31, 2002, and a casino in Salamanca on its Allegany Reservation in May. Tribal officials in April voted to build the final casino on a 57-acre parcel near Buffalo Niagara International Airport. The judge's ruling prohibits Uniland Development from selling that land to the Senecas.

Buffalo businessman Carl Paladino, who was part of the legal challenge, said a casino would make Buffalo more inviting and boost existing businesses.

"This is certainly not a panacea. It's not going to end the ills of the city of Buffalo," he said, "but it's certainly a step in the right direction."

The compact gives the Senecas exclusive rights to a Buffalo casino for three years. Should they choose not to build in that time, another tribe can step in.