gaming

Soo Tribe Layoffs

Matthew L.M. Fletcher

From Indianz:

The Sault Ste. Marie Tribe of Chippewa Indians plans to lay off about two percent of its workforce.

Chairman Joe McCoy said the tribe’s financial situation forced the reduction. “Unfortunately, over the years, millions in tribal reserves has been dwindled down to nothing. According to financial analysts, if changes are not made, the tribe will not recover,” he said in a press release. The layoffs affect employees of Kewadin Casinos and employees of the tribal government. Based on recent figures, it looks like about 80 people will lose their jobs. The tribe already laid off 89 people at the Greektown Casino in Detroit. The tribe has a majority stake in the commercial casino, which is undergoing a restructuring in federal bankruptcy court.

Get the Story:
Press Release: Soo Tribe and Kewadin Casino to restructure (SooToday 7/30)

GTB Revenue Sharing for the 1st Half of 2008

Matthew L.M. Fletcher

Here is the press release — 2-first-half-2008-press-release-07-30-08

D.C. Circuit Denies Petition for Rehearing in MichGo v. Kempthorne

Matthew L.M. Fletcher

Here is the order — michgo-rehearing-denial

Three judges (Sentelle, Griffith, and Rogers) voted to rehear the case en banc, three short of the necessary votes. Of course, that semi-near miss gives the attorneys for MichGO fodder for making noise about a cert petition (see news report here).

I really have to think that this case is getting so much attention — not because of the merits of the case — but because these same lawyers have been working on three cases so far (TOMAC, CETAC, and now MichGO) and this is finally the end. It bears repeating that these three cases were all carbon-copy cases, with little to differentiate them at all. They have almost no merit whatsoever, and even the D.C. Circuit all but labeled them frivolous in the CETAC opinion. The Gun Lake case is no different than the previous cases, except it is the last one.

Fruitport Backs LRB Off-Reservation Casino Proposal

Matthew L.M. Fletcher

From Indianz:

The Little River Band of Ottawa Indians won support for its off-reservation casino in Muskegon, Michigan.

The Fruitport Township Board voted 4-3 on a resolution in favor of the casino at the defunct Great Lakes Downs. Residents said they welcomed the jobs the facility would create. The tribe operates the Little River Casino on its reservation, about 80 miles from the proposed gaming site.

Get the Story:
Divided Fruitport Township Board supports casino (The Muskegon Chronicle 7/29)

Nebraska v. US DOI et al — Ponca Restored Lands Decision

Matthew L.M. Fletcher

Here are the materials in this case, filed in the Southern District of Iowa.

neb-v-doi-complaint [includes NIGC legal memorandum and NIGC Final Decision]

neb-v-doi-us-motion-to-dismiss

Erik Jensen on Gaming on Newly-Acquired Indian Lands

Matthew L.M. Fletcher

Erik Jensen has published “Indian Gaming on Newly Acquired Lands” in the Washburn Law Journal, and it is available on SSRN. Here is the abstract:

This symposium article examines the meaning of the term “Indian lands” – the lands that might become sites for Indian gaming-in the Indian Gaming Regulatory Act of 1988. At its core, the term is unambiguous: it includes reservations and other lands that, at the time of IGRA’s enactment, were held in trust by the United States for the benefit of American Indian nations. But “Indian lands” can include much more. Indeed, it is possible for real estate having only the most tenuous historical connections with a tribe (perhaps having no connections at all) to become “Indian lands.” The treatment of so-called “newly acquired lands” has potentially far-reaching economic consequences for American Indian nations, but also for non-Indian populations, which can share in the benefits of tribal economic development. Along the way, the article discusses the basics of IGRA, recent developments affecting newly acquired lands, and whether an expansive conception of “Indian lands” is a good thing.

Ho-Chunk Nation Reply Brief in HCN v. Wisconsin Cert Petition

Matthew L.M. Fletcher

Here is it: hcn-reply-brief

And here is the cert opposition: wisconsin-cert-opposition

Earlier materials are here.

Update in CECGAC v. Hogen Case re: Seneca Gaming Case

Matthew L.M. Fletcher

The plaintiff, CECGAC, have moved to enforce the judgment rendered earlier this month regarding the Buffalo parcel where the Seneca Nation of Indians have been operating a casino. The United States has moved to remand the case back the National Indian Gaming Commission to reconsider the parcel in light of the new Section 20 regulations [25 CFR Part 292], and the Senecas have filed an amicus brief in support.

cegcac-motion-to-enforce-judgment

federal-defendants-motion-for-remand

seneca-amicus-brief-re-remand

ICT Article on New Grand Traverse Band Casino

Matthew L.M. Fletcher

From ICT:

WILLIAMSBURG, Mich. – Go green!

That might be the new motto for the Grand Traverse Band of Ottawa and Chippewa Indians.

The northern Michigan tribe, which opened the doors to its rebuilt Turtle Creek Casino & Hotel in June, has received much fanfare for creating an eco-friendly gaming destination.

The project didn’t come without apprehension, though.

As GTB officials excitedly toured tribal casinos in their state and visited gaming properties in Las Vegas during planning stages of their new Turtle Creek property, they were nervous about the direction architect Stephen Knowles envisioned.

Continue reading →

Kickapoo v. Texas — State’s Opposition to Cert Petition

Matthew L.M. Fletcher

The State of Texas filed its opposition to the cert petition filed by the Kickapoo Tribe way back in February. Here is the brief — texas-cert-opp

And here is our previous post on the lower court portion of this case (with briefs), as well as a link to the Supreme Court Project’s site.

If you’ll recall, despite a USSG recommendation to deny the petition, the Court still asked for a response from the State.