Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Wash SCt Petition

The Plaintiff has petitioned the State Supreme Court for review.

I don’t have a copy of the Plaintiff’s new petition (assuming there is one), but the petition she filed in October of 2006 is posted in the first message in this thread. The Tribe’s Answer to the Petition for Review (filed in mid-December) is available here.

Our previous posts with lower court materials are here and here.

St. Croix & Bad River Chippewa Trust Acquisition Lawsuit Materials

On December 7, 2007, the St Croix Tribe of Chippewa filed a suit against Dirk Kempthorne and Carl Artman. The Tribe has been working with the Bad River Chippewa and the City of Beloit (Wisconsin) to develop a casino in the city (which is not located within either Tribe’s reservation). The suit alleges that DOI has reversed its procedure of applying the two-step IGRA section 20 determination before the 25 CFR Part 151 determination. The Tribe claims that seeking the Part 151 determination first will be futile because of Secretary Kempthorne’s personal views on off-reservation gaming. The Tribes have already spent a great deal of time and money in developing the plan, meeting the requirements of the various applicable environmental laws, et cetera.

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