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JOHN v. CITY OF SALAMANCA

No. 203, Docket 87-7404.

845 F.2d 37 (1988)

Maurice JOHN, a Native American and member of the Seneca Nation of Indians, Plaintiff-Appellant, v. CITY OF SALAMANCA and Norris Stone, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1988.

Attorney(s) appearing for the Case

Robert L. Pirtle, Seattle, Wash. (Kenneth W. Dehn, Pirtle, Morisset, Schlosser & Ayer, Seattle, Wash., Timothy O'Mara, Thomas J. Ryan, Jr., Williams, Stevens, McCarville & Frizzell, Buffalo, N.Y., of counsel), for plaintiff-appellant.

R. William Stephens, Buffalo, N.Y. (Raichle, Banning, Weiss & Stephens, Buffalo, N.Y., David M. Franz, Shane & Franz, Olean, N.Y., of counsel), for defendants-appellees.

William W. Taylor, III, Leslie A. Blackmon, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., filed a brief for amicus curiae The Oneida Nation of Indians.

Douglas B.L. Endreson, Reid Peyton Chambers, Sonosky, Chambers & Sachse, Washington, D.C., filed a brief for amicus curiae The Seneca Nation of Indians.

Before PIERCE, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant Maurice John appeals from a summary judgment entered in the United States District Court for the Western District of New York (Curtin, Ch. J.) in favor of defendants-appellees Norris Stone and the City of Salamanca. John, an enrolled member of the Seneca Nation of Indians, claims that, because his commercial property is located on Seneca Nation land, the City of Salamanca and its zoning code enforcement officer, Norris Stone...

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