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SCOTT v. CITY OF BUFFALO

16 Misc.3d 259 (2006)

835 N.Y.S.2d 803

KEITH H. SCOTT, SR., et al., Petitioners, v. CITY OF BUFFALO et al., Respondents.

Supreme Court, Erie County.

November 9, 2006.

Attorney(s) appearing for the Case

Knoer, Crawford & Bender, LLP, Buffalo (Robert E. Knoer, Richard E. Stanton and Brendan R. Mahaffy of counsel), Stenger & Finnerty, Buffalo (Joseph M. Finnerty of counsel), Richard Lippes & Associates, Buffalo, and Jackson & Jackson, Buffalo (Michael Lee Jackson and Rachel E. Jackson of counsel), for petitioners.

Phillips Lytle LLP, Buffalo (Michael B. Powers, Adam S. Walters and Marc A. Romanowski of counsel), and Nixon Peabody LLP, Buffalo (Laurie Styka Bloom of counsel), for respondents.

OPINION OF THE COURT

JOSEPH G. MAKOWSKI, J.

Factual and Procedural Background

Petitioners, Pastor Keith H. Scott, Sr., Dora Richardson, Josephine Rush, John and Shelley McKendry, and Geoffrey D. Butler (hereinafter referred to as petitioners), either live or work along Perry Street in the City of Buffalo, New York. Petitioners live or work within two blocks of nine acres of land purchased by the Seneca Nation of Indians in the fall of...

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