In St. Croix Band of Chippewa Indians v. Kempthorne, the District Court for the District of Columbia dismissed St. Croix’s challenge to the Secretary’s authority to refuse to take off-reservation land into trust. The court found that the Artman Guidance letter is not final agency approval.
gaming
Saginaw Chippewa Repeals Union Ban
From the Morning Sun (H/T Sharon):
The Saginaw Chippewa Tribe has repealed the law that essentially outlawed unions among Tribal employees.
“The Tribal Council took this step because it found that it was in the best interests of the Tribe to withdraw its ordinance to accommodate other important interests and relationships,” according to a statement issued by the Tribal Council. “It also makes no sense to engage in expensive litigation over the ordinance when our employees have shown no interest in a union.”
NYTs: McCain and Indian Gaming Ties
Three of the top ten gaming donors to McCain are tribal (here).
The main article from the NYTs:
Senator John McCain was on a roll. In a room reserved for high-stakes gamblers at the Foxwoods Resort Casino in Connecticut, he tossed $100 chips around a hot craps table. When the marathon session ended around 2:30 a.m., the Arizona senator and his entourage emerged with thousands of dollars in winnings.
A lifelong gambler, Mr. McCain takes risks, both on and off the craps table. He was throwing dice that night not long after his failed 2000 presidential bid, in which he was skewered by the Republican Party’s evangelical base, opponents of gambling. Mr. McCain was betting at a casino he oversaw as a member of the Senate Indian Affairs Committee, and he was doing so with the lobbyist who represents that casino, according to three associates of Mr. McCain.
Challenge to Cowlitz Casino Dismissed
As Indianz reported, the City of Vancouver’s challenge to the proposed Cowlitz casino, City of Vancouver v. Hogen, has been dismissed on Article III standing grounds in the Western District of Washington. The court likened the City’s injury in fact to a game of chance. 🙂 Here are the materials:
Contract Claim Against Tonkawa Dismissed
The district court dismissed a simply contract claim, brought against the Tonkawa Tribe on the theory that IGRA offered a general cause of action.
Mashantucket Pequot Not Required to Disclose Financials to Conn. Town
In an ongoing case where the Mashantucket Pequot Nation is seeking relief from local taxation of slot machines leased by the tribe from non-Indians, the district court rejected the Town of Ledyard’s motion to compel discovery of the Nation’s entire financial records.
GR Press Editorial Against IGRA
The editors complain about everything, and then assert whole states and localities should be allowed to vote on whether Indian gaming can come to the community. But the first two comments on the website have powerful responses.
SCOTUSBlog’s Petitions to Watch for the Long Conference
Here is the list of the petitions to watch according to SCOTUSBlog for the long conference. It includes four Indian law cases, Kickapoo v. Texas, Hawaii v. Office of Hawaiian Affairs, US v. Navajo Nation, and Kemp v. Osage Nation.
We agree (see here).
Sac and Fox Nation v. DOI Materials
Here are the materials in the most recent order from the district court in this long-running case (H/T Indianz).
More LRB News on Off-Reservation Casino Proposals
From Business Review Western Michigan:
Rumblings of a new casino in West Michigan grew louder last week when Fruitport Land Development announced it sold 93 acres in Fruitport Township to the Little River Band of Ottawa Indians.
The tribe, which owns and operates a casino in Manistee, has not firmed up plans or received approval to proceed, according to tribal Public Affairs Director Glenn Zaring.
“We are currently going through the steps to explore establishing a casino on the property but are examining a number of development options, as well,” Zaring said.
Everything is still on the table, he added.
The acreage sold for $4.074 million, according to Township Assessor Lesli Lehner. The land fronts Sternberg Road and, although Lakes Mall is on the opposite side of Sternberg, it is undeveloped and without utilities, she said.
On July 16, the tribe closed on the former Great Lakes Downs racetrack property, and the next day it closed on 53.58 acres south of the 87-acre racetrack property. The most recent buy is southeast of the 53-plus acres, formerly owned by Horizon Group Properties, and the parcels connect at one corner, Lehner said.
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