Indigeneous

New York v. Shinnecock Indian Nation

Full Case Name
State of NEW YORK, New York State Racing and Wagering Board, New York State Department of Environmental Conservation, and Town of Southampton, Plaintiffs, v. The SHINNECOCK INDIAN NATION, Frederick C. Bess, Lance A. Gumbs, Randall King, and Karen Hunter, Defendants; Town of Southampton, Plaintiff, v. The Shinnecock Tribe a/k/a the Shinnecock Indian Nation, Frederick C. Bess, Lance A. Gumbs, and Randall King, Defendants
Description

The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe.

Date
02-07-2008
Court
United States District Court for the Eastern District of New York
Jurisdiction
United States
Defendants
Incident Location
Suffolk County, NY
Disputed Act

The State of NY and other governmental plantiffs sought to permanently enjoin the Shinnecock Tribe from constructing a casino on a "non-reservation property" in the Town of Southamptom because they claim it would not be in compliance with New York anti-gaming and environmental laws, as well as concerns about the proposed casino development's health and enviromental effects on neighboring landowners and the Town.

Holding
The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe. The Court then ordered further proceedings to determine a judgment about the permanent injunction.
Disposition