Here is the cert petition and the lower court decision.
economic development
ICT Article on New Grand Traverse Band Casino
From ICT:
WILLIAMSBURG, Mich. – Go green!
That might be the new motto for the Grand Traverse Band of Ottawa and Chippewa Indians.
The northern Michigan tribe, which opened the doors to its rebuilt Turtle Creek Casino & Hotel in June, has received much fanfare for creating an eco-friendly gaming destination.
The project didn’t come without apprehension, though.
As GTB officials excitedly toured tribal casinos in their state and visited gaming properties in Las Vegas during planning stages of their new Turtle Creek property, they were nervous about the direction architect Stephen Knowles envisioned.
Senate Finance Committee Hearing on Tribal Tax Policy
Go Del!
From Indianz:
The Senate Finance Committee will hold a hearing on Tuesday, July 22, to address tax policy in Indian Country.
Sen. Max Baucus (D-Montana), the chairman of the committee, said the hearing will address three specific issues: the Indian Employment Tax Credit, the tax-exempt bonds for tribal governments and accelerated depreciation for tribes. Witnesses at the hearing include Dante Desiderio, an economic development specialist for the National Congress of American Indians; Del Laverdure, the chief counsel for the Crow Tribe of Montana; and Wayne A. Shammel, the general counsel of Cow Creek Band of Umpqua Tribe of Indians in Oregon. The hearing takes place at 10am in Room 215 of the : Senate Dirksen Office Building.
Committee Notice:
Indian Governments and the Tax Code: Maximizing Tax Incentives for Economic Development (July 22, 2008 )
Meijer Appeal on Campaign Law Violations
From the Traverse City Record-Eagle:
TRAVERSE CITY — Meijer Inc. convinced a state appellate judge to hide from public view documents related to Grand Traverse County’s efforts to investigate the retailer’s campaign finance violations.
Grand Traverse County Prosecutor Alan Schneider is challenging a May 29 order signed by state Court of Appeals Judge Donald Owens that sealed the court file in Schneider’s case against Meijer and the Dickinson Wright PLLC law firm.
Schneider is trying to investigate potential violations of state campaign finance laws concerning Meijer’s illegal involvement in local elections in Acme Township in 2007 and 2005.
Schneider said Friday he filed a challenge this week to the suppression order, but declined additional comment because his appeal remains pending before the appellate court.
A motion to seal the appellate case was filed by John Pirich, a Lansing attorney hired by Meijer. Pirich’s motion remains secret, but Owens’ suppression order makes reference to state law and investigative subpoenas that “requires the maintenance of strict confidentiality of matters related to investigative subpoenas.”
South Dakota Law Review Call for Papers: Tribal Economic Development
The South Dakota Law Review is looking for submissions for its annual symposium, “Economic Development in Indian Country: An Exploration of Policy, Law, and Culture“. Here is the letter.
Lobo v. Miccosukee — CA11 Rejects FLSA Claim
Grand Traverse Band Has 145 Acres Placed Into Trust
From the Traverse City Record Eagle:
The Bureau of Indian Affairs last week issued a notice of decision that approved the band’s trust application for five parcels totaling just over 145 acres in Acme and Whitewater townships near Turtle Creek Casino on M-72.
Written Testimony in Senate Hearing on DOI Backlogs
From the Senate Indian Affairs Committee website:
THE HONORABLE CARL J. ARTMAN
Assistant Secretary – Indian Affairs, U.S. Department of the Interior
Washington, DC
THE HONORABLE ROBERT CHICKS
Mid-West Area Vice President, National Congress of American Indians; President, Stockbridge Munsee Band of Mohican Indians
Bowler, WI
THE HONORABLE GARY SVANDA
Council Member, City of Madera
Madera, CA
MR. DOUG NASH
Director, of Indian Estate Planning and Probating, Institute of Indian Estate Planning and Probate
Seattle, WA
Frank’s Landing Tobacco Sales Lawsuit Materials
Indianz coverage is here. Here are the materials. Once again, let it be known that Rule 19 is my favorite(!):
nisqually-v-gregoire-complaint
nisqually-motion-for-preliminary-injunction
squaxin-island-motion-to-dismiss
franks-landing-motion-to-dismiss
ICT Editorial on Fee to Trust Statute
From ICT:
The federal government’s recent actions involving its authority to make decisions on acquiring land in trust for tribal gaming purposes may inadvertently threaten the authority and duty of the secretary of the Interior Department to take land into trust for Indian tribes.
On April 29, the D.C. Circuit decided an innocuous case involving the secretary of Interior’s decision to take land into trust for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (also known as the Gun Lake Band). It was the third such opinion in recent years involving Michigan Potawatomi Indian tribes, each brought by well-funded citizens groups opposing Indian gaming. The suits were mere harassment suits, intended to delay rather than prevent the opening of the Potawatomi gaming operations. Each of the suits brought similar claims.
Of import, one claim was that Section 5 of the Indian Reorganization Act, the statute that authorizes the secretary to take land into trust for Indian tribes, was an unconstitutional delegation of congressional authority. The first two D.C. Circuit panel decisions (2006 and 2007), involving the Pokagon Band of Potawatomi Indians and the Nottawaseppi Huron Band of Potawatomi Indians, rejected the constitutional challenge to Section 5 without much discussion or dissent. In fact, since 1995, at least three other federal appellate circuits have rejected the same kind of challenge to the statute, so this is unsurprising.
Turtle Talk 
You must be logged in to post a comment.