Cayuga Nation et al v. Tanner et al
| Cayuga Nation and John Does 1-20 |
| Howard Tanner, Edward Trufant, Chad Hayden, Board of Trustees of the Village of Union Springs, New York and Village of Union Springs, New York |
| Cayuga Nation Unity Council |
| 5:2014cv01317 |
| October 28, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Cayuga |
| Andrew T. Baxter |
| David N. Hurd |
| Civil Rights: Other |
| 25 U.S.C. ยง 640 Indian Tribal Rights |
| None |
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Filing
147
MEMORANDUM-DECISION & ORDER: The Nation's motion for summary judgment is GRANTED; The Village's motion for summary judgment is DENIED; The Village of Union Springs' 1958 Games of Chance Ordinance and all other state and local laws proh ibiting gambling are preempted by the Indian Gaming Regulatory Act as applied to the nation's Class II gaming activities at Lakeside Entertainment; The 1958 Games of Chance Ordinance cannot lawfully serve as a basis for denying the Nation a cert ificate of Occupancy to Lakeside Entertainment; Federal law prohibits defendants from taking any steps to restrict, interfere with, punish, prosecute, or otherwise penalize actions taken by the Nation, its officers, its employees, or its other repres entatives in furtherance of Class II gaming activities at the Property; The Nation enjoys tribal sovereign immunity from any suit by defendants to enforce the Ordinance; Defendants are enjoined from taking any steps to restrict, interfere with, punis h, prosecute, or otherwise penalize actions taken by the Nation, its officers, its employees, or its other representatives in furtherance of Class II gaming activities at Lakeside Entertainment, including but not limited to the enforcement of the 195 8 Union Springs Games of Chance Ordinance or other local and state laws concerning gambling, whether independently through a civil or criminal action, or through civil or criminal enforcement of the Village of Union Springs's zoning law, or thro ugh a civil or criminal action to enforce the Order to Remedy Violations dated July 9, 2013 or the Order to Remedy Violations dated December 30, 2013; and The Clerk of the Court is directed to enter a judgment accordingly and close the file. Signed by Judge David N. Hurd on 3/24/2020. (see)
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Filing
51
JUDGMENT: It is ORDERED that defendants' # 32 Cross-Motion to Dismiss is GRANTED. Plaintiffs' # 5 Motion for Preliminary Injunction is DENIED as moot. The # 1 Complaint is DISMISSED in its entirety and the # 7 Temporary Restraining Order is VACATED. (mc)
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