gaming

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

Nebraska v. Dept. of Interior Materials

Matthew L.M. Fletcher

This is the suit challenging the Ponca Tribe’s casino in Iowa. The US had filed a motion to dismiss on standing grounds, and other grounds.

us-motion-to-dismiss-neb-complaint

nebraska-response-brief

us-reply-brief-to-nebraska

Copyright Infringement and RICO Case against Cheyenne-Arapaho Tribes

Matthew L.M. Fletcher

The Western District of Oklahoma refused to dismiss a claim against the Cheyenne-Arapaho Tribes. The plaintiff, Southwest Hotel and Casino Corp., sought to voluntarily dismiss the claim without prejudice after C&A received a positive tribal court judgment and moved for summary judgment in the federal court action. Instead, the court will decide the C&A summary judgment motion.

flyingman-v-sw-hotel-and-casino-tribal-court-judgment

flyingman-motion-for-summary-judgment

sw-hotel-and-casino-v-flyingman-dct-order

MichGO v. Kempthorne Cert Petition

Matthew L.M. Fletcher1 Comment

Here is is: michgo-cert-pet-10-23-08

The questions presented are two-fold. First, the petitioners raise the nondelegation doctrine argument that caused Judge Rogers Brown in the D.C. Circuit to dissent below. And second, the petitioners make the same argument about recently recognized tribes that the Supreme Court will decide in Carcieri v. Kempthorne.

See our earlier posts here and here and here and here and a link to an Indian Country Today article about MichGO.

The interesting question here will be whether the government will file a response at all, given that there’s no circuit split (by MichGO’s admission), that the SCT already denied cert on the first issue in the Carcieri litigation, and that the second issue will be decided by Carcieri.