RWB Injunction Lawsuit Against Shinnecock Tribe Thrown Out

Today, In a two to one ruling, the Second Circuit Court of Appeals, the Federal Appeals Court covering New York State, Reversed the Decision of the US District Court which had granted an Injunction in favor of the State of New York and against the Shinnecock Indian Tribe of Eastern Long Island prohibiting the Tribe from opening a Casino.  The decision was on procedural grounds and does not create a right for the Tribe to open a Casino.

A full copy of the Decision can be found here. 

http://www.ca2.uscourts.gov/decisions/isysquery/63452fed-1cf6-4063-aece-b6c84e0047dc/2/doc/08-1194_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/63452fed-1cf6-4063-aece-b6c84e0047dc/2/hilite/

The Court ruled that:

the district court lacked subject matter jurisdiction over this action, and thus do not reach the merits of this appeal.

The Court then sent the case back to the Federal District Court with instructions to transmit the case to State Court. The Decision does not clear the path for the Tribe to open a casino, but merely serves as a impediment.

However, since this lawsuit began, the Shinnecock Tribe has become a federally recognized Indian Tribe.  The State may have problems proceeding with a lawsuit now that the Tribe will enjoy a federally recognized Sovereign Immunity.

The details of the decision will probably only interest those of us who enjoy a good romp through Federal Court Civil Procedure.  For the rest of you, the case got thrown out because the Federal Court does not entertain all lawsuits.  Here, the Court was looking for issues of Federal law and could not find them.  Thus, the suit got tossed and will be referred to State Court.

The district court had ruled in favor of the State and the Town and granted a permanent injunction prohibiting the Shinnecock from building a casino on Westwoods without complying with state and local law. New York v. Shinnecock Indian Nation, 523 F. Supp. 2d 185 (E.D.N.Y. 2007); see also New York v. Shinnecock Indian Nation, 560 F. Supp. 2d

The Appeals Court ruled that the State and Town had allege only violations of state and local law in their complaints. The State alleges that the Tribe’s construction of the casino would violate state gaming and environmental laws and the Town alleges that it would violate local zoning and wetlands protection ordinances. Although the State’s complaint refers to federal law, these references assert only that federal law does not immunize the Shinnecock’s conduct and thus cannot provide a defense against the Tribe’s violation of state and local law.