From Western Michigan Business:
A [federal] court judge today dismissed the final legal obstacle to the Gun Lake Band of Pottawatomi Indians‘ casino plans.
U.S. District Court Judge Richard Leon denied former Wayland Township Trustee David Patchak‘s request for a stay blocking the Department of Interior from taking land near Wayland into trust for the Gun Lake Band while the Supreme Court of the United States considers a tribal gaming case in Rhode Island.
The Supreme Court last week refused to hear an appeal by Grand Rapids-based Michigan Gambling Opposition — MichGO — to derail permanently taking the 147 acres into trust for the tribe.
“This is the best possible outcome for us,” said John Shagonaby, CEO of the Gun Lake Band’s economic development corporation. “The tribe is very pleased the judge rejected Mr. Patchak’s repeated attempt. We’re just looking to get the land into trust.”
The Interior Department has indicated it is ready to act as soon as all the lawsuits are cleared, Shagonaby said. The Supreme Court must file a mandate, which effectively clears any stay in place with appeals courts, he explained.
“It’s matter of days that we can take land into trust after the Supreme Court’s mandate is filed,” Shagonaby said. “The Interior Department’s been ready to do this since 2005.”
Judge Leon reportedly told Patchak both the tribe and the U.S. would suffer irreparable harm by delaying the Interior Department’s taking the land into trust, a prerequisite for building a casino. The tribe has been trying to get the land into trust for a decade. He also told Patchak further suits didn’t have much chance of success, Shagonaby said.
With the lawsuits cleared, tribal officers are focusing on construction matters. The tribe has to select a construction management company. It already has architectural drawings for the casino and a cost estimate — $200 million. It also has a schedule — the tribe wants the casino ready for business 16 months after groundbreaking. The Gun Lake Band estimates the casino will employ 1,800.
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