The Shinnecock Indian casino case keeps rolling along.

As Diary readers know, Southampton Town, along with the state, are trying to block the Shinnecocks from building a casino in Hampton Bays because the group doesn't have federal recognition and, without it, can't begin setting up a gambling hall.

The Shinnecocks, including trustee Lance Gumbs, say they have the right to build, and want to overturn an injunction so they can start construction on their territory.

Last summer, U.S. District Court Judge Thomas Platt halted litigation in the case for 18 months so the group could try to get recognition from the federal government, but he finds himself back with the case, said Eileen Powers, deputy attorney for Southampton.

Platt has now lifted the stay because the Justice Department and the Bureau of Indian Affairs wrote to him saying it takes years and years for a tribe to get recognized.

While it's not clear what Platt will do, there are worries he'll go off the reservation and decide — instead of the Bureau of Indian Affairs — whether the Shinnecocks are a federal tribe.

"Which is unheard of," said town spokeswoman Donna Giancontieri.

To further complicate matters, Platt attempted an unusual move and tried to pull the U.S. government in as a plaintiff to help him make his determination, but the feds bucked.

Platt has now dismissed the feds with prejudice, and blocked them from questioning any of his future rulings.

Copyright, 2004, New York Post