Elem Colony Casino Development Contract Voided; Arbitration Vacated

Here are the materials in Elem Indian Colony of Pomo Indians v. Pacific Development Partners X (N.D. Cal.):

DCT Order Denying Motion to Modify Arbitral Award

PDP Motion to Vacate or Modify Arbitral Award

Elem Opposition to Motion to Vacate

PDP Reply re Motion to Vacate

Patchak Reply Brief Filed

Here: Patchak v Salazar Appellants Reply Brief 5-25-2010

Other briefs here.

NLRB v. Fortune Bay Appeal Voluntarily Dismissed

Here: Fortune Bay Voluntary Dismissal.

The Bois Fort Band will proceed through the administrative process first.

Lower court materials here.

Challenge to NIGC Rulemaking Authority Ongoing

Here are current materials in Crosby Lodge v. NIGC (D. Nev.), a challenge to NIGC authority to require that 60 percent of on-reservation gaming revenues of non-Indian gaming entities go to tribes (25 CFR 522.10(c)):

Crosby Lodge Motion for Summary Judgment

NIGC Cross-Motion for Summary Judgment

Earlier materials here.

Opening Briefs in First Major Post-Carcieri Challenge to Fee to Trust–Updated

The case is Patchak v. Salazar (D.C. Cir.) and involves the DOI’s taking of land into trust for the Gun Lake Band of Pottawatomi Indians. The land already is in trust.

Here are the opening briefs:

2010-04-09 Patchak Opening Brief

2010-05-10 Gun Lake Answer Brief (Filed)

02 Proposed Brief Amicus Curiae–NCAI

2010-05-10 U.S. Answer Brief

Lower court materials are here.

Tribal Per Caps Make Some Indians Healthier

From Indianz (JAMA Study on Per Caps and Health):

Members of the Eastern Band of Cherokee Indians who received per capita payments from the tribe’s casino were less likely to abuse alcohol and marijuana, according to a study in the Journal of the American Medical Association.

Tribal members began receiving a share of gaming revenues in 1996. The study tracked Eastern Cherokee youth from 1993 through 2006 and found a link between well-being and the payments.

Tribal youth were better off as adults than older tribal members who did not grow up with the revenues, according to the study. And tribal youth fared “significantly” better as adults than non-Indians, researchers found.

The tribe operates the Harrah’s Cherokee Hotel and Casino in western North Carolina.

Get the Story:

Nc American Indians With Casino Income Fare Better (AP 5/18)

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.

Continue reading

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.