Detailed public research · IT-R02

IT-R02 · Buffalo Parcels & Federal Land Status

Interim research memorandum · October 18, 2026

SENECA TREATIES & LAND USE — PHASE 2, IT-R02

Buffalo Parcel and Federal Land-Status Evidence

Public-Source Research Checkpoint — October 18, 2026

Golden Eagle Studios LLC

Research status: IT-R02 ACTIVE — INTERIM CHECKPOINT, NOT A TITLE OR LEGAL OPINION

EXECUTIVE FINDINGS

1. Two distinct proceedings concern 5 Miami Street. In federal APA action City of Buffalo v. U.S. Department of the Interior, No. 1:26-cv-02275 (filed Oct. 8, 2026), the City challenges the federal government's February 2023 restricted-fee decision. The accessible Justia docket index lists five attachments to the complaint: (1) gaming compact, (2) DOI decision, (3) DOI letter to City, (4) casino agreement, and (5) the 5 Miami deed. That index is evidence that the items were filed; it is not proof their entire terms have been independently inspected here. [A1, A2, A5]

2. In the separate construction case, City of Buffalo v. Seneca, No. 1:26-cv-02279, Judge Meredith A. Vacca entered Document 21 on Oct. 14, 2026, remanding the City's state-law action to Erie County Supreme Court and declining the requested temporary injunction for lack of retained federal jurisdiction after remand. The order addresses removal jurisdiction, not the merits of DOI's 2023 decision, present land status, tribal sovereign immunity, or permanent municipal enforcement power. The federal order is a significant post-Phase-1 procedural development. [A3, A4, A6]

3. The Second Circuit's published 2015 decision in Citizens Against Casino Gambling in Erie County v. Chaudhuri, 802 F.3d 267, upheld the Indian-gaming eligibility determination of the litigated 2005 Buffalo casino tract. The court described its acquisition as about nine acres, October 3, 2005, with restricted-fee status arising through the Seneca Nation Settlement Act process. The holding does not classify the separately acquired 5 Miami tract, 124 Chicago, 212 Ohio, or all present tax lots. [A9, A10]

4. The 2006 New York decision Scott v. City of Buffalo described the casino's approximately nine acres as bounded by Marvin Street, South Park Avenue, Michigan Avenue and Perry Street. That general perimeter is valuable geographic context but cannot substitute for deed schedules, rights-of-way, current tax-lot boundaries or the controlling federal tract description. [A11]

5. The Phase 1 tax-roll register identifies both 5 Miami (P11) and 124 Chicago (P02) with deed book/page 11411/1675. This is a shared reference in the City assessment data, not proof the properties were conveyed together under the same legal description or included in the same federal designation. The original deed and DOI exhibits are still essential. [Phase 1 P02/P11, S21/S22, A2]

6. Erie County Clerk's own instructions confirm that official deeds are searchable through the County's name/book-and-page public index, but the online document images are restricted to registered users or obtained through copy requests (potential charges). No fees have been authorized or incurred. The federal complaint's attached deed is a potentially useful public-record alternative, subject to access. [A7, A8]

7. 212 Ohio (P16) remains a reported transaction lead rather than confirmed Nation ownership: Phase 1 City's 2026 roll names Franklin Terminals, and the September 2025 report described a contract with closing and environmental reviews pending. This checkpoint did not obtain a subsequent deed, closing record or current ownership certification. [P16, A15]

EVIDENCE CLASSIFICATION AND CAUTIONS

CONFIRMED FROM PUBLISHED COURT OPINIONS: An October 14 remand order exists in case 1:26-cv-02279; the 2015 Second Circuit upheld the casino tract's gaming eligibility; the 2006 court described the approximate casino perimeter and then-pending Fulton Street agreement.

CONFIRMED FROM PUBLIC DOCKET METADATA: The Oct. 8 federal complaint was filed; its docket lists five numbered exhibits including the DOI decision and 5 Miami deed. The underlying exhibit texts were not obtained and independently compared during this checkpoint.

REPORTED / PLEADED: The 2023 DOI designation, 2007 purchase by Seneca Erie Gaming Corporation, and 2022 transfer to the Nation are recited in 2026 court background or alleged in city pleadings. The Oct. 14 remand order summarizes party filings; it is not a quiet-title adjudication.

ASSESSMENT-ONLY: Phase 1 P01–P17 report owner labels, SBLs, class codes, assessment data, GIS polygons and dates. They are not recorded-deed certifications, legal surveys or parcel-specific federal-status determinations.

UNKNOWN / UNVERIFIED: Original 2023 DOI instrument, deed 11411/1675 schedules, full 2005 casino tract deed(s), parcel consolidation and right-of-way histories, most current NYSCEF case proceedings following remand, and the current status of separately acquired or proposed sites.

PART I — OCTOBER 2026 LITIGATION

A. Federal administrative action — 1:26-cv-02275

City of Buffalo filed suit on October 8, 2026 against DOI/BIA, named federal officials and the United States under the Administrative Procedure Act. The City's theory challenges compliance with the Seneca Nation Settlement Act's restricted-fee acquisition requirements; the City requests judicial review and potentially vacatur of Interior's action. These are litigant contentions, not legal findings. The City published a 19-page version of its complaint; the filed docket identifies five exhibits. We accessed the court docket metadata and public complaint source URL, but did not obtain inspectable copies of the five separate exhibit texts. The complaint's existence does not demonstrate that the DOI decision was reversed or stayed. [A1, A2, A5]

The attachment inventory creates a precise, low-ambiguity retrieval target: Docket 1, attachment 2 (DOI Decision); attachment 5 (Deed); attachments 1 and 4 (Compact and Casino Agreement); attachment 3 (agency letter). Obtain these through unrestricted public court copies if available; if access requires PACER or certified deed copies, request separate expenditure permission before acquisition.

B. Separate construction/state-law action — 1:26-cv-02279, NYSCEF 820874/2026

The City initiated the state-law case October 7. It was removed to federal court October 8. On October 14, Judge Vacca granted remand under the well-pleaded-complaint/federal-question framework; the City's zoning/building/nuisance allegations did not necessarily raise a substantial federal question justifying removal. The court declined the requested temporary injunction because it no longer had jurisdiction over that action after remand. It did not decide whether local permits are legally necessary on this land, nor the merits of tribal defenses. [A3, A4, A6]

The published text of the order contains a clerical inconsistency at its last paragraph: after explaining remand to Erie County Supreme Court, it references County of Monroe in a directive. Do not infer a valid or invalid remand solely from the text discrepancy; a certified/order docket and actual state-court transfer records are needed if this point becomes legally material.

Next mandatory litigation checks: (i) whether the NYSCEF 820874/2026 matter has a newly scheduled hearing, injunction, dismissal or stay after October 14; (ii) whether the federal APA action 1:26-cv-02275 shows answers/motions/orders after October 8; and (iii) whether appeal or reconsideration of the remand order occurred. Public docket summary pages retrieved here are not guaranteed current through today's date.

PART II — 2005 BUFFALO CASINO TRACT

The controlling historical sequence is the Seneca Nation Settlement Act of 1990, followed by the October 3, 2005 approximately nine-acre Buffalo purchase, required notice/comment and federal restricted-fee status by operation of the statutory process. The 2015 Second Circuit concluded the Buffalo Parcel was gaming-eligible and not subject to IGRA's Section 20 prohibition directed at after-acquired trust land. The court did not convert all privately acquired Nation/affiliate land into the same federal status. [A9, A10, A12]

Scott v. City of Buffalo supplies an approximate location: Marvin Street, South Park Avenue, Michigan Avenue, Perry Street. It also discussed the City/Fulton Street right-of-way sale and 2006 local agreement, including municipal infrastructure and services commitments. The court described an Oct. 31, 2006 Common Council vote and further approval steps contemplated for Nov. 9, 2006. This opinion is not a substitute for the executed agreement, subsequent amendments, the final Fulton Street deed or the full 2005 legal description. The development agreement belongs primarily to IT-R01 and IT-R07, not a generalized conclusion here. [A11]

Distinguish the historically described nine-acre "Buffalo Parcel" from any broader planning "footprint" and the modern 17-row tax and acquisition lead register. Tax-map SBLs may split, merge, change labels or reflect right-of-way parcels; no automatic 1:1 match can be drawn without legal descriptions.

PART III — PRIORITY PARCELS

P11 — 5 MIAMI — SBL 122.10-1-1

Phase 1 assessment owner: SENECA NATION OF INDIANS. Deed book/page: 11411/1675. Assessment recorded deed date: November 30, 2022. Reported 2023 federal restricted-fee designation is actively contested in the federal APA litigation. The Oct. 14 construction-case order describes 2007 SEGC purchase and 2022 transfer as case background; those details are not a substitute for the deed itself. Obtain attachment 5 and DOI attachment 2, compare land descriptions, verify dates and actual agency reasoning. [P11; A2, A3]

P02 — 124 CHICAGO — SBL 122.31-4-9

Phase 1 assessment owner: SENECA NATION OF INDIANS. Book/page: 11411/1675, matching P11. Recorded date field is invalid/unknown in the source roll. Class 330 commercial vacant land. Cannot conclude inclusion in the 5 Miami 2023 federal decision without the complete deed schedule and DOI decision legal description. [P02; A2]

P04–P06, P08–P10, P13–P15 — Casino-area assessment candidates

Phase 1 marks these as potential tax parcels related to the 2005 casino complex. The 2015 holding is controlling for the litigated federal tract, but parcel-level SBL correspondence is not certified. Obtain 2005 recorded deeds, 2006 Fulton Street instruments, plan amendments, consolidations and definitive federal exhibits before displaying a finalized status overlay. [Phase 1 P04–P15; A9–A12]

P16 — 212 OHIO — SBL 122.05-10-5.1

Phase 1 assessment owner: FRANKLIN TERMINALS INC. 2025 reporting identified an expected gaming affiliate acquisition, potentially less than the whole site, with closing contingent on due diligence. No post-contract closing deed was reviewed here. Do not label this as Nation-owned or restricted-fee land based on media reporting. [P16; A15]

P01, P03, P07, P12 — Additional Nation/affiliate assessment leads

The City roll associates these addresses with specific Nation or gaming corporation owner labels, but a federal tract or independent land-status instrument was not obtained for these tax parcels. Each requires original deed, identity, instrument and parcel-specific legal analysis. [Phase 1]

P17 — 265 SKILLEN

Included only as an out-of-core reference in the Phase 1 inventory; it should not be mapped as a downtown Buffalo casino-area tract. [P17]

PART IV — COMPLETE PRELIMINARY 17-ROW PROPERTY INDEX

The following lines restate the original Phase 1 public 2026 roll; no deed/title or 2026-10-18 assessor refresh is represented here.

P01 | 106 MICHIGAN | SBL 122.05-7-6.2 | assessment owner: SENECA GAMING CORPORATION | Phase 1 federal-status note: Federal status Unknown; roll 1 ordinary-tax treatment signal

P02 | 124 CHICAGO | SBL 122.31-4-9 | assessment owner: SENECA NATION OF INDIANS | Phase 1 federal-status note: Unknown; possible same deed group as 5 Miami

P03 | 180 PERRY | SBL 111.17-9-1 | assessment owner: SENECA NATION OF INDIANS | Phase 1 federal-status note: Unknown; no parcel-specific federal designation obtained

P04 | 225 PERRY | SBL 122.23-5-3.2 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P05 | 230 SOUTH PARK | SBL 122.05-9-6 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P06 | 33 FULTON | SBL 122.05-9-2.11 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P07 | 37 MARVIN | SBL 122.23-4-10 | assessment owner: SENECA NATION OF INDIANS | Phase 1 federal-status note: Federal status Unknown; roll 1 ordinary-tax treatment signal

P08 | 41 FULTON | SBL 122.05-9-4.1 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P09 | 42 FULTON | SBL 122.23-5-3.1 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P10 | 49 FULTON | SBL 122.05-9-5 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P11 | 5 MIAMI | SBL 122.10-1-1 | assessment owner: SENECA NATION OF INDIANS | Phase 1 federal-status note: Restricted fee designation reported in filed complaint; challenged

P12 | 76 FULTON | SBL 122.23-4-9 | assessment owner: SENECA NATION OF INDIANS | Phase 1 federal-status note: Federal status Unknown; roll 1 ordinary-tax treatment signal

P13 | 85 MICHIGAN | SBL 122.05-9-1 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P14 | 89 MICHIGAN | SBL 122.05-8-8 | assessment owner: SENECA GAMING CORPORATION | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P15 | 97 MICHIGAN | SBL 122.05-8-1.1 | assessment owner: SENECA NATION OF INDIANS THE | Phase 1 federal-status note: Casino-area candidate; exact restricted-fee crosswalk Unknown

P16 | 212 OHIO | SBL 122.05-10-5.1 | assessment owner: FRANKLIN TERMINALS INC | Phase 1 federal-status note: No Nation acquisition or federal status verified

P17 | 265 SKILLEN | SBL 77.34-2-10.11 | assessment owner: SENECA NATION OF INDIANS, A | Phase 1 federal-status note: Unknown; religious-use assessment classification

PART V — DEED AND FEDERAL-STATUS RECONCILIATION METHOD

The proper workflow proceeds from (1) SBL and assessment identity; (2) original signed recorded deed and exact legal description; (3) grantor/grantee date/index and intervening conveyances, consolidations, resubdivisions, tax-map correspondence; (4) DOI/BIA or other controlling federal restricted-fee/trust instrument and statutory process; (5) litigation orders affecting the instrument; (6) authorized survey and historical ROW/easement review; (7) jurisdiction, approvals, access, leasing and financing only after land status is adequately grounded.

A matching deed book/page number is a cross-reference prompt, not proof of common restricted-fee status. A county class-code 693 ("Indian Reservation") is not a federal status certificate. A judicial holding about gaming eligibility of the nine-acre casino tract does not determine a separate property's tax, zoning, mortgageability, conveyance, exemption or immunity.

PART VI — UPDATED ISSUE REGISTER AND PRIORITIES

O01 (HIGH): Casino 2005 tract → present SBL crosswalk remains unresolved. New support: specific 2006 court general bounds and 2005/2015 appellate history. Needed: all original deeds, annexations, ROW instruments and federal tract exhibits.

O02 (HIGH): Full Feb. 14, 2023 5 Miami DOI designation. NEW RETRIEVAL TARGET: APA case 1:26-cv-02275, Docket 1 Exhibit 2, with Exhibit 3 agency letter. Contents not inspected.

O03 (HIGH): 124 Chicago shared deed and status. Deed 11411/1675 is also listed for 5 Miami in 2026 assessor roll. NEW RETRIEVAL TARGET: APA case 1:26-cv-02275, Docket 1 Exhibit 5. Confirm whether both SBLs fall within the actual instrument.

O04 (HIGH): October 2026 court events. UPDATED WITH VERIFIED RULING: W.D.N.Y. Document 21 of Oct. 14 remanded 1:26-cv-02279 to state court and denied federal temporary injunction for lack of jurisdiction. This DOES NOT decide restricted-fee merits. State post-remand and separate APA current dockets remain open.

O05 (HIGH): 212 Ohio closing/subdivision remains unverified; recorded deed and post-2025 conveyance must be located.

O06 (HIGH): independent parcel status for 106 Michigan, 37 Marvin, 76 Fulton and 180 Perry remains unverified.

O14 (HIGH): current subsequent-history/docket check required before proposed site decision.

O15 (MEDIUM): comprehensive affiliate inventory remains incomplete.

PART VII — IT-R02 NEXT ACCEPTANCE GATE

This is a substantive Phase 2 research checkpoint, NOT completion of IT-R02. Before labeling IT-R02 complete:

1. Inspect actual 2005 casino land deed/exhibits and provide a legal-description/SBL crosswalk.

2. Inspect the actual 2022 deed 11411/1675 and 2023 DOI designation with complete attachments; decide inclusion of 5 Miami and 124 Chicago only on text.

3. Review full current federal APA docket and complete state post-remand NYSCEF record.

4. Resolve 212 Ohio buyer/closing/subdivision against a later original recorded instrument, or keep labeled unknown.

5. Refresh 17-row status classifications using verified primary records and preserve conflicting evidence/source provenance.

6. Deliver a dated source-controlled work product, open-issues matrix, and public-release quality gate.

No unauthorized PACER fees, paid deed copying, title commitments, legal-counsel engagement, regulator contact, construction site visit, land transaction or funding action is undertaken or approved by this checkpoint.

SOURCE REGISTER — NEW PHASE 2 PUBLIC WEB REFERENCES

A1 | City of Buffalo October 8 federal action / complaint PDF

https://www.buffalony.gov/DocumentCenter/View/18049/Filed-Complaint-v-DOI-et-al-1082026

A2 | W.D.N.Y. federal administrative docket 1:26-cv-02275, Justia index

https://dockets.justia.com/docket/new-york/nywdce/1:2026cv02275/165500

A3 | W.D.N.Y. October 14 order, Document 21, City v. Seneca 1:26-cv-02279

https://law.justia.com/cases/federal/district-courts/new-york/nywdce/1:2026cv02279/165507/21/

A4 | City v. Seneca removed construction case 1:26-cv-02279 docket

https://dockets.justia.com/docket/new-york/nywdce/1:2026cv02279/165507

A5 | City of Buffalo October 8 official lawsuit announcement

https://www.buffalony.gov/m/newsflash/Home/Detail/1650

A6 | City of Buffalo October 7 state lawsuit announcement

https://www.buffalony.gov/m/newsflash/Home/Detail/1648

A7 | Erie Clerk official land-record guidance

https://www4.erie.gov/clerk/general-rules-requesting-information

A8 | Erie Clerk online records search help

https://ecclerk.erie.gov/recordsng_web/Search_Help.html

A9 | Citizens Against Casino Gambling v. Chaudhuri, 802 F.3d 267 (2d Cir. 2015)

https://law.justia.com/cases/federal/appellate-courts/ca2/11-5171/11-5171-2015-09-15.html

A10 | Court filed Second Circuit opinion, govinfo

https://www.govinfo.gov/content/pkg/USCOURTS-ca2-13-02777/pdf/USCOURTS-ca2-13-02777-0.pdf

A11 | Scott v City of Buffalo, 16 Misc.3d 259 (N.Y. Sup. Ct. 2006)

https://law.justia.com/cases/new-york/other-courts/2006/2006-26543.html

A12 | 2009 NIGC Seneca Nation site-specific approval letter

https://www.nigc.gov/images/uploads/gamingordinances/senecanationny-01202009OrdinanceApproval.pdf

A13 | Buffalo City September 28 objection letter announcement

https://www.buffalony.gov/m/newsflash/home/detail/1647

A14 | City official 2026 assessment roll / Erie GIS, existing Phase 1 S21 and S22

https://gis.erie.gov/server/rest/services/DSM/Parcel_Query_service/FeatureServer/0

A15 | 2025 Buffalo News sale-contract report, 212 Ohio, secondary

https://archive.ph/s5jXs

A16 | SEC Seneca Gaming 2005 Form 10-K disclosure

https://www.sec.gov/Archives/edgar/data/1296785/000110465905063119/a05-22465_110k.htm

CANONICAL PREDECESSOR RECORDS

Phase 1 report: Public Phase 1 research report

Six-register evidence workbook: Public evidence registers

Prior Phase 2 checkpoint: Public archival research checkpoint

Existing Phase 2 technical handoff: [Internal administrative reference omitted; see public research library]

INTELLECTUAL PROPERTY AND SOURCE RIGHTS

© 2026 Golden Eagle Studios LLC in original protectable research expression and compilation to the extent owned or assigned. Court opinions, statutes, government texts, Indigenous governance materials, third-party maps and other source works retain their respective public-domain or third-party rights. Legal analysis is research, not an attorney's legal opinion.

END OF IT-R02 RESEARCH CHECKPOINT

DATED ADDENDUM — OCTOBER 18, 2026 — CROSS-WORKSTREAM FINDING

Following the preparation of the original IT-R02 checkpoint above, substantive IT-R01 research located the November 9, 2006 City–Seneca agreement text filed as SEC Exhibit 10.1. This supersedes the earlier *evidence-gap statement* that the 2006 operative agreement text had not been obtained. It does not establish that all appendices, future amendments, current compact terms, Fulton Street deeds or restricted-fee conversion instruments were obtained.

SEC original text: https://www.sec.gov/Archives/edgar/data/1296785/000110465906075108/a06-23772_1ex10d1.htm

Verified related IT-R01 research checkpoint: Public IT-R01 memorandum

Key land-status qualification: the agreement identifies the original approximately nine-acre casino tract and defines potential addition of Fulton Street only if separately converted to restricted fee under federal law (§1(t)); it does not establish current parcel-to-SBL identity. Section 9(c), its introductory nonbinding-intentions language, and the survival provision at §11(l) must be read together; this cross-reference does not determine the 5 Miami or 124 Chicago DOI designation's validity.

IT-R01 ACTIVE / INTERIM. IT-R02 ACTIVE / INTERIM. Both require completion and source QA before any transaction-specific conclusion.