The U.S. government filed papers in federal court on Wednesday asking a judge to send the casino case to a federal agency for further review.

The U.S. Justice Department wants the case to be handled by they National Indian Gaming Commission, which is part of the U.S. Department of Interior.

The Seneca Nation of Indians, which is not part of the legal battle over the downtown Buffalo Creek Casino, is also filing papers as a "friend of the court" seeking to have the case moved.

"We would like to see it happen as quickly as possible," said Seneca Nation of Indians deputy counsel Chris Karns. "We'd like to see the agency begin working on this very issue and decide what it's going to do."

But an attorney for casino opponents calls the request "preposterous."

"That's why we have courts," said attorney Cornelius Murray, lead counsel for Citizens for a Better Buffalo. "And of all people, government officials should be the ones that say we're going to honor what the court does."

Earlier this month, U.S. District Court Judge William Skretny ruled the downtown casino site as sovereign Indian territory, but said the parcel was not eligible for casino gaming.

Since then, it's been business as usual at the Perry St. site. Gambling continues at the Nation's temporary casino and construction resumes on the permanent $333 million casino and hotel.

Murray has filed a motion to enforce the judge's ruling and oral arguments are scheduled on Aug. 21.

If the judge agrees, the Senecas could be forced to close their Buffalo operation and U.S. Marshals could be called upon to make sure the casino closes.

But Karns said the executive branch of government, not the judiciary, has the right to review statutes and enforce them.

"There are principles for interpreting the law," Karns said. "Agencies have the right and ability to interpret the law as well. They have the right to put in place regulations when dealing with issues that are not clearly and directly covered in a statute."

Local leaders have thrown their support behind the casino, including Buffalo Mayor Byron Brown and Erie County Executive Chris Collins. Both municipalities will receive millions of dollars in slot revenues, that are also shared with New York State.

During a visit to Buffalo on Wednesday, Governor David Paterson said he won't take a stance on the casino battle until it comes to a resolution. Until then, the state will continue to provide gaming inspectors at the downtown site.

"It's not support," Paterson said. "Because we will not support something contrary to a court decision."

"But as long as it's open, we'll be there to provide law enforcement," he said.