gaming

Harrah’s v. NGV Gaming Cert Petition

Matthew L.M. Fletcher

The questions presented are:

1. Does the Dictionary Act’s rule that words used in the present tense also include the future tense, unless the context indicates otherwise, only apply if the statutory text at issue is ambiguous?

2. Does the term. “Indian lands” as used in 25 U.S.C. §§ 81 and 2701-2721 include both land that “is held by the United States in trust for an Indian tribe” and land that “will be held in trust by the United States for an Indian tribe”?

Here is the brief — harrahs-v-ngv-gaming-cert-petn

And here is the lower court opinion — guidiville-band-v-ngv-gaming

Detroit Auto Bailout & Indian Gaming Proposals: A Link?

Matthew L.M. Fletcher

Congress effectively killed the various proposals brought by the State of Michigan, the Bay Mills Indian Community, and the Sault Ste. Marie Tribe of Chippewa Indians to ratify off-reservation gaming agreements between the three and variously the Cities of Romulus, Flint, and Port Huron. But now that the Detroit auto makers are in the very ugly throes of near-bankruptcy, and with Congress seemingly ready to let the Big Three die, maybe the off-reservation gaming proposals will have new legs in the 111th Congress?

Several questions need answering. First, how will the Obama Administration view Indian gaming, especially off-reservation? I wonder, given that the Administration doesn’t have much to gain politically by supporting tribal gaming, but might have much to lose. Tribes need to make the Obama Administration realize the benefits of off-reservation. Second, how will off-reservation gaming in southeastern Michigan help local economies? Again, tribes need to make a strong case, and it may be the same case made to answer the first question.

Romulus Casino Talk

Matthew L.M. Fletcher

From Indianz:

Officials in Romulus, Michigan, are still interested in hosting off-reservation casinos even after Congress killed a bill to authorize two tribal facilities.

Officials plan to meet with the Sault Ste. Marie Tribe of Chippewa Indians to discuss reviving the casino. A deal with the Hannahville Indian Community could be in the works too. With Congress looking at ways to bail out the auto industry in Michigan and considering economic packages, officials say now is a good time to think about the casinos again.

Get the Story:
Romulus casinos are still a possibility (The Journal Newspapers 11/20)

Suit over LTBB Revenue Sharing Payments

Matthew L.M. Fletcher

From Indianz:

A lawsuit over the distribution of gaming revenues from the Little Traverse Bay Bands of Odawa Indians will continue but the parties reached an agreement over payments for this year.

The tribe shares 2 percent of electronic gaming revenues from the Odawa Casino Resort with local communities. The Emmet County Local Revenue Sharing Board decides how to distribute the funds. Three educational institutions are suing the board over the distribution formula, saying they are entitled to a larger share. The tribe is not a party in the lawsuit.

Get the Story:
Agreement reached to delay casino revenue-sharing payments (The Petoskey News-Review 11/19)

Mudarri v. State of Washington — Challenge to Puyallup Gaming Compact

Matthew L.M. Fletcher

In this case, the Washington Court of Appeals, Division II, rejected various state constitutional challenges to the Washington tribal gaming compacts by an individual who wanted to operate his own gambling enterprise outside of the tribal compacting structure. As you can imagine, Rule 19 (the Washington version) was dispositive.

Here is the opinion.

Greektown Casino Bankrupty Materials — Motion to Extend Time

Matthew L.M. Fletcher1 Comment

Here is a selection of materials on the Greektown Holdings LLC’s motion to extend its planning period for finalize bankruptcy for 90 days. Other materials are here.

greektown-motion-to-extend-planning-period

michigan-gaming-control-board-objection

greektown-reply-brief

Soo Tribe’s Greektown Troubles

Matthew L.M. Fletcher

From Indianz:


A federal bankruptcy judge held a hearing to discuss the future of the commercial casino that is majority owned by the Sault Ste. Marie Tribe of Chippewa Indians of Michigan.

The tribe plans to sell the Greektown Casino in Detroit but is seeking an extension in order to complete work on the facility. The Michigan Gaming Control Board opposes the extension and wants to affirm that it has the right to force a sale. Judge Walter Shapero did not rule on the matter but called another hearing next Tuesday to review the issue. He previously set a deadline of December 15 for the tribe to finalize the casino’s bankruptcy plans. The hotel at the facility won’t be completed until February 12, 2009.

Get the Story:
State tips hand on Greektown (The Detroit News 11/18)

CECGEC v. Hogen & Seneca Update

Matthew L.M. Fletcher

The federal government and the Seneca Nation have responded to CECGEC’s motion for contempt in the ongoing case regarding the legality of the Seneca Buffalo casino site.

Here are the previous materials.

And here are the new materials:

us-response-brief

amicus-seneca-nation-of-indians-brief-in-opposition

plaintiffs-reply-to-us-opposition-to-motion-to-enforce

NIGC Chairman Phil Hogen to Speak at UM on Thursday

Matthew L.M. Fletcher

NIGC Chairman Phil Hogen – November 13

12:20 pm to 1:20 pm Hutchins Hall (HH) 250

The Native American Law Student Association (NALSA) is sponsoring a lunchtime talk with National Indian Gaming Commission (NIGC) Chairman Phil Hogen. Chair Hogen is a member of the Oglala Sioux Tribe, Pine Ridge Reservation. He will be speaking about the Indian Gaming and Regulatory Act (this year is the twentieth anniversary).

For more information:

Continue reading →

Menominee Tribe v. DOI — Materials on Off-Reservation Gaming Case

Matthew L.M. Fletcher1 Comment

As Indianz reports, the Menominee Tribe has sued to prevent Dirk Kempthorne from making a decision on the tribe’s off-reservation gaming application before the change in administration.

menominee-v-doi-complaint

complaint-exhibits