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.

Greektown Reorganization Plan Approved; Sault Tribe Out

From the Detroit News:

A plan approved Friday to lead Greektown Casino out of bankruptcy protection will repay most creditors and strip ownership from the Sault Ste. Marie Tribe of Chippewa Indians.

Judge Walter Shapero of the U.S. Bankruptcy Court in Detroit confirmed the plan, pending state and city approvals on other issues that must be obtained by June 30. The plan, the third proposal since Greektown filed for Chapter 11 bankruptcy protection in May 2008, was approved by creditors last week.

“Greektown Casino is now approaching the finish line for its exit from bankruptcy,” said Charles Moore, the casino’s lead restructuring adviser with Conway MacKenzie Inc. in Birmingham.

News Coverage Update of Lac du Flambeau/Wells Fargo Debacle

From the News of the North via Pechanga:

A Mississippi resort-casino venture has turned out to be a bad bet for the Lac du Flambeau Indian Tribe, which as a minority partner sunk an estimated $25 million on the Grand Soleil project in Natchez, only to see it headed for the auction block in three weeks.

According to a trustee’s notice of foreclosure and sale, parts of the Grand Soleil Casino Resort property, including three separate tracts, will be sold to the highest bidder on Feb. 12. at the Adams County (Miss.) courthouse. The notice was published this week in the Natchez Democrat newspaper. click here to read published notice

Two previous attempts to initiate the foreclosure process by United Mississippi Bank and other lenders and creditors were averted by deals struck last year. United Mississippi Bank designated Natchez lawyer Bruce M. Kuehnle, Jr. as its trustee in the latest foreclosure proceedings, according to the legal notice. Continue reading

Oklahoma Choctaw and Chickasaw Nations Federal Complaint re: State Court Jurisdiction over Casino Cases

Here is the complaint in Choctaw Nation of Oklahoma v. State of Oklahoma (W.D. Okla.): Choctaw Nation & Chicasaw Nation v Oklahoma Complaint.

At issue are the Oklahoma Supreme Court decisions holding that state courts are “courts of competent jurisdiction” in tort claims against tribal casinos under the Oklahoma model gaming compact (opinions here and here.).

Here is an August 2009 arbitration award affirming that state courts do not have such jurisdiction — Choctaw Chickasaw Oklahoma Arbitration Decision. And the joint referral to arbitration — Joint Referral to Binding Arbitration.

News analysis here, via Pechanga.

Update on Gun Lake Casino Construction

From K’zoo Gazette via Pechanga:

Gun Lake Casino construction 1View full sizeShawano Cleary | Special to the Kalamazoo GazetteBob Ely, of Ace Steel and his partner, Riley Beight, work on the Gun Lake Casino in Wayland Township last week.
WAYLAND TOWNSHIP — Cooperative weather up until mid-December allowed work crews constructing the Gun Lake Casino in Wayland Township to get a bit ahead of schedule on the 83,000-square-foot facility.

Gun Lake Casino Artist renderingView full sizeHandout photo.Artist rendering of the exterior of the planned Gun Lake CasinoThe foundation has been laid and steel beams are being installed on the $157 million casino — less than half the size originally planned— off Exit 61 on U.S. 131, halfway between Grand Rapids and Kalamazoo on the former Ampro Products factory site. It is scheduled to open at the end of this summer. Continue reading

Florida Seminole Tribe to Seek Compact through Secretarial Procedures

From the Orlando Sentinel:

After the Legislature voted down a proposed revenue-sharing deal Thursday, the Seminole Tribe will now turn to the federal government for authority to run its casinos that feature slots and blackjack, tribe attorney Barry Richard said in an interview.

Richard said that the tribe remains open to negotiate more with the Legislature, but “we’ve reached the conclusion that it’s time to begin looking at other options.”

“We made a vigorous effort to work this out,” he said. “We had two separate compacts with the governor. We made giant strides toward negotiation with the Legislature. It’s disappointing – the tribe can’t continue to wait forever.”

The tribe will enter a formal process known as “procedures,” in which it will ask the federal government for authorization to keep its blackjack tables open, even though there’s no compact in place to allow such table games. Continue reading

Federal Civil Rights Complaint against Puyallup Tribal Police Dismissed

Here are the materials in Boyd v. Puyallup Tribal Police (W.D. Wash.):

DCT Order to Show Cause

Boyd Magistrate Report

Boyd DCT Order Adopting Magistrate Report

NIGC Indian Lands Opinion: Iowa Tribe, Oklahoma Allotments, and Section 20

Here.

Wells Fargo Opinion Issued

Here: Decision and Order

Briefs are here, and the trust indenture is here.

LDF — Wells Fargo Trust Indenture

Some have asked, so we’re posting the 86 page trust indenture: Trust Indenture