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CITIZENS AGAINST CASINO GAMBLING v. HOGEN

No. 09-CV-0291S.

704 F.Supp.2d 269 (2010)

CITIZENS AGAINST CASINO GAMBLING IN ERIE COUNTY (Joel Rose and Robert Heffern, as Co-Chairpersons), Rev. G. Stanford Bratton, D. Min., Executive Director of the Network of Religious Communities, Network of Religious Communities, National Coalition Against Gambling Expansion, Preservation Coalition of Erie County, Inc., Coalition Against Gambling in New York—Action, Inc., the Campaign for Buffalo, History Architecture and Culture, Assemblyman Sam Hoyt, Erie County Legislator Maria Whyte, John McKendry, Shelley McKendry, Dominic J. Carbone, Geoffrey D. Butler, Elizabeth F. Barrett, Julie Cleary, Erin C. Davison, Alice E. Patton, Maureen C. Schaeffer, Dora Richardson, and Josephine Rush, Plaintiffs, v. Philip N. HOGEN, in his Official Capacity as Chairman of the National Indian Gaming Commission, the National Indian Gaming Commission, the United States Department of the Interior, Ken Salazar, in his Official Capacity as the Secretary of the Interior, and Barack Obama, in his Official Capacity as President of the United States, Defendants.

United States District Court, W.D. New York.

March 30, 2010.

Attorney(s) appearing for the Case

Cornelius D. Murray, O'Connell & Aronowitz, P.C., Albany, NY, Michael L. Jackson, Rachel E. Jackson, Jackson & Jackson LLP, Richard G. Berger, Richard J. Lippes, Richard J. Lippes & Associates, Robert E. Knoer, The Knoer Group, PLLC, Buffalo, NY, for Plaintiffs.

Gina Louise Allery, U.S. Department of Justice, Washington, DC, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

On March 31, 2009, Plaintiffs commenced this action challenging the legality of a gambling casino operated by the Seneca Nation of Indians ("SNI") in the City of Buffalo on land it acquired in 2005 (the "Buffalo Parcel"). Plaintiffs allege that Defendants, all government officials and agencies, acted illegally, arbitrarily, capriciously, and not in accordance with law when they...

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