An economic entity created by the Seneca Indian Nation to develop a golf course near Niagara Falls is not entitled to the tribe's sovereign immunity and can be sued by a contractor in state court, an appellate panel has held.
The Appellate Division, Fourth Department, in Sue/Perior Concrete & Paving v. Lewiston Golf Course, CA 12-01827, found that allowing the corporation, established in part so it could take advantage of more than $1 million in economic development tax breaks, to avoid litigation as an arm of the tribe would ultimately undermine the Senecas.
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