Little River Compact Amendment Stalled in House

From the Muskegon Chronicle via Pechanga:

FRUITPORT TOWNSHIP — A month ago, a resolution by the state Legislature that would allow for a casino in Fruitport Township seemed to be destined for quick passage.

The resolution — allowing the Little River Band of Ottawa Indians to operate a casino at the former Great Lakes Downs racetrack site — has hit a snag in the state House of Representatives. A vote on the resolution has yet to be taken, a committee hearing concerning the resolution is planned for the coming weeks in Lansing and the House speaker — who is also a candidate for governor — is taking some heat from locals.

State Rep. Doug Bennett, D-Muskegon Township, and Fruitport Township Supervisor Brian Werschem are blaming House Speaker Andy Dillon, D-Redford, for the delay. Area lawmakers expect the resolution to pass if and when it reaches the House floor for a vote.

On the Senate side, Gerald Van Woerkom, R-Norton Shores, said he will not oppose the resolution.

Bennett said typically the speaker sends resolutions directly to the House floor for a vote rather than referring them to a committee.

“There’s nobody holding it up but the speaker,” Bennett said.

“Andy Dillon is intentionally stonewalling this project,” Werschem said.

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Update on Tohono O’odham Nation Suit re: Off-Reservation Fee to Trust

Previous post with complaint here. The Gila River Indian Community has attempted to intervene in opposition to TON’s off-rez fee to trust application/suit.

Updated materials here:

USA Motion to Transfer

TON Opp to Motion to Transfer

DCT Order Denying Motion to Transfer

USA Response to TON Motion for Summary Judgment

City of Glendale Motion for Summary Judgment

Gila River Amicus Brief

Gila River Motion to Intervene

Gila River Proposed Opposition to TON Motion for Summary Judgment

Oregon Trial Court Rules in Favor of Tribes in Gaming Compact Challenge–UPDATED

Here is the circuit court opinion in State ex rel. Dewberry v. Kulongowski: Dewberry Oregon Circuit Ct Opinion.

The court held that over numerous challenges that a Class III gaming compact between the state and the Confederated Coos, Lower Umpqua, and Siuslaw Indians relating to the so-called “Hatch Tract” was valid.

Commentary on the case from Scott Crowell:

The well-reasoned opinion, attached, ruled in favor of the Coos Tribe and the State on the merits of the two critical questions before it. First, it held that the prohibition in the Oregon Constitution against casinos is a regulation on the manner in which games may be provided,  rather than a prohibition against any type of gaming, and therefore does not apply to Tribes under IGRA. This leaves in tact the state laws that limit the Lottery games such that gaming cannot be the primary business in taverns, racetracks etc. Second, the court held that the Governor has the authority under both the Oregon Constitution and Oregon statutory law to execute and bind the State to the compact agreements. This is a major victory in that it is the first court case among several brought against compacts in other states that did not opine that the State Legislature must ratify the compacts before they are binding. Tribes in other states have been extorted into paying large fees to state coffers in order to get through the politics of legislative ratification.

Section 1983 Claim Against Tribe Fails

Here is the opinion from the Eastern District of California (via a magistrate judge): Clark v Rolling Hills Casino.

Hoffman v. Sandia Resort and Casino — Immunity from Jackpot Claims

Here is the opinion in January from the New Mexico Court of Appeals in Hoffman v. Sandia Resort and Casino (apparently the New Mexico Supreme Court denied review just recently). The claim involved a false jackpot, and the plaintiff had tribal remedies.

Lac du Flambeau Case: “Unique” or Widespread “Disarray”? — Another Turtle Talk Poll

Pechanga links to a WSJ article (available here: WSJ Disarray Article–thanks to Mike McBride) suggesting that the recent Wells Fargo v. Lake of the Torches case has thrown tribal lending into disarray.

Indianz links to the same article, but quotes an expert suggesting that the case is “unique.”

Which is it?

Ignore the typo…. 🙂

Rojas Cardona v. Lac Vieux Desert Petition for Review in Ariz. Supreme Court

We posted materials on this case a while back, here and here.

Now there is a petition for review by the Arizona Supreme Court in this case, now captioned Rojas Cardona v. Superior Court (apparently, no written orders from either the Superior Court or the Court of Appeals):

Cardona Petition for Review

LVD Brief

Mike McBride on Class II Gaming

From Indian Gaming Magazine (May 2010): May10_McBride Indian Gaming Compacts in OK– Indian Gaming Ma

Wyandotte Tribe Immunity Defense “Premature” in EEOC Charge

Here are the materials so far in Gonzales v. 7th Street Casino (D. Kan.):

Casino Motion to Dismiss

DCT Order Requiring Supplemental Briefing

Apparently, the Wyandotte Tribe’s business enterprise owns the casino, so it shouldn’t be a major issue. Not sure why the district court is asking for additional briefing.

Menominee Challenge to Off-Reservation Fee to Trust Denial Update

Not much going on, Menominee Tribe v. DOI is progressing:

Menominee Motion to Consider Extrinsic Evidence

Federal Response to Motion to Consider

Menominee Reply re Motion to Consider