NHBPI Pays Nearly $2M in Revenue Sharing to Local Governments

Wow.

From the B.C. Enquirer (via Pechanga):

Besides its Aug. 5 opening, Friday was arguably the most important date in FireKeepers Casino’s short history, because the community got its share of the profits.

The Tribal Council of the Nottawaseppi Huron Band of Potawatomi, FireKeepers’ owners, on Friday morning presented a check for $1,933,683.41 to the FireKeepers Local Revenue Sharing Board. That money will reimburse local governments for increased costs attributable to the Emmett Township casino or the tribe’s Pine Creek Reservation in Athens Township, and also for revenue lost because tribal land is untaxable.

The money represents 2 percent of the casino’s slot revenue from its Aug. 5 opening to the Dec. 31 close of its fiscal year. The tribe is required to pay that money to local governments through a compact with the state.

The money is more than double what the tribe expected to pay the LRSB.

“We thought for a year we would be presenting $2 million,” said Laura Spurr, Tribal Council chairwoman. “This is for five months.”

“This money is to help us better the entire community,” said Mike Rae, the Calhoun County board chairman who on Friday was elected chairman of the LRSB. He spoke to the board via speakerphone from Florida. Continue reading

Northwest Indian Bar Association Winter 2009-2010 Newsletter

Here.

Articles on the recovery act, Carcieri v. Salazar, and Allen Sanders.

Michigan Bar Journal Special Indian Law Issue — UPDATED!

Here:

State Court Administrative Office – Court Improvement Program: Indian Child Welfare Act Forum Remarks, October 6, 2008
by Justice Michael F. Cavanagh

Indian Children and Termination of Parental Rights: Michigan Supreme Court Takes a Step in the Right Direction in In Re Lee
by Angel Sorrells, Cami Fraser, Thomas Myers, and Aaron Allen

Proceed with Prudence: Advising Clients Doing Business in Indian Country
by R. Lance Boldrey and Jason Hanselman

Indian Gaming and Tribal Self-Determination: Reconsidering the 1993 Tribal-State Gaming Compacts
by Zeke Fletcher

Indian Country Law Enforcement and Cooperative Public Safety Agreements
by Matthew L. M. Fletcher, Kathryn E. Fort, and Wenona T. Singel

And I completely missed this article in the same issue (many apologies to the authors!):

In the Law: Keeping Current with American Indian Legal Resources
by Jan Bissett and Margi Heinen

Gun Lake Casino Construction Update

From Indianz:


The Match-E-Be-Nash-She-Wish Band of Potawatomi Indians, also known as the Gun Lake Tribe, held a topping out ceremony for the $157 million Gun Lake Casino last week.

The tribe began work on the 83,000-square-foot facility last fall. Construction is expected to be complete by the end of the summer.

The casino is located off a major interstate in Wayland Township, Michigan. Continue reading

Alabama Supreme Court Rules on Electronic Bingo

If anyone’s interested, an entirely state law decision.

Surles v City of Ashville

Colusa Ninth Circuit Briefing

This case might be sitting around for a while, so to tide you over….

California Opening Brief

Colusa Opposition Brief

Picayune Rancheria Answering Brief

CNIGA Amicus Brief

California Assn of Tribal Govts Amicus Brief

Rincon Band Amicus Brief

San Pasqual Amicus Brief

Revenue Sharing Distribution for Grand Traverse Band

Press release here: 2% second half 2009 press release 01-27-10.

Controversy at Little Traverse

From Indianz:

The tribal council of the Little Traverse Bay Bands of Odawa Indians of Michigan voted 4-3 to remove two members from the gaming board of directors.

The council removed Dollie Keway and Fred Kiogima in a surprise vote, The Petoskey News-Review reported. Tribal elders had spoken in favor of the board at a council meeting on Sunday, the paper said.

Keway said the vote reflects tensions between the board and chairman Ken Harrington. She says Harrington has been interfering in the hiring process for a general manager at the Odawa Casino Resort.

Three members remain on the board.

Get the Story:
Tribal council votes out two gaming board of directors (The Petoskey News-Review 1/26)

Bankruptcy Court Order Confirming Greektown Reorganization Plan

Here: Greektown Order.

Mandamus Suit against Mich. AG to Force Tribal Compliance with State Liquor Laws Fails

Here is the Michigan Court of Appeals decision in Devlin v. Attorney General — Devlin vs Attorney General MI Ct of App.

An excerpt:

On June 3, 2008, plaintiff filed his complaint for mandamus against attorney general Michael A. Cox in his official capacity. Plaintiff averred that casinos and other businesses owned by Indian tribes in Michigan are selling spirits, beer, and wine on their premises, but are doing so without a license issued by the Michigan Liquor Control Commission as required by law. Plaintiff further averred that defendant, as the State’s chief law enforcement officer, had knowledge of these “tribal liquor license violations.” And, although “hundreds of thousands of felony violations have been committed by Michigan tribal casino management” . . . defendant “fails and refuses to take any corrective action, whether it be a civil suit against the tribes for a declaratory and injunctive Order . . . or criminal actions against tribal management.” Plaintiff alleged that he and other travelers on State highways are in danger because “[a]ll of the tribal casinos are located within a minute or two drive to State highways” and underage customers, as well as intoxicated persons, are likely to leave the casinos and drive on State highways. Accordingly, plaintiff alleged, defendant’s failure to enforce State liquor licensing laws under these circumstances constituted a clear abuse of discretion and warranted the issuance of a writ of mandamus to command him to act.

Here was the complaint filed in 2008.