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

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.

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ICT Article on New Grand Traverse Band Casino

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.

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

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.

Muskegon County in Support of LRB Casino Proposal

From Indianz:

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

The board of commissioners in Muskegon County passed a resolution in support of the project. The tribe said local approval is one step in the long process for the casino. The tribe purchased the former Great Lakes Downs and plans a $100 million casino.

Get the Story:
Muskegon County bets on casino at former track (Press News Service 7/18 )

Mullins v. Sycuan Band — Tort Claim Dismissed

This can be what happens when you sue someone while represented by an attorney who is not licensed in the proper state bar. The court dismissed the tort claim against the tribe because the attorney wasn’t licensed in California, but noted it would have dismissed the claim for lack of subject matter jurisdiction, too.

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LRB Purchases Great Lakes Downs

From Indianz:

The Little River Band of Ottawa Indians purchased a defunct racetrack in Michigan for an undisclosed price.

The tribe wants to open a casino at the site near Muskegon. But official said there is no timetable for development. The tribe operates a casino on its reservation, about 80 miles away. The tribe has a branch office in Muskegon. Another Michigan tribe, the Lac Vieux Desert Band of Lake Superior Chippewa Indians, has expressed interested in a casino in Muskegon.

Get the Story:
Little River tribe buys Great Lakes Downs with hopes of opening casino (The Muskegon Chronicle 7/17)
Muskegon casino could face same opposition Gun Lake tribe encountered in Wayland Township (The Grand Rapids Press 7/17)
Tribal group wants casino at Great Lakes Downs (WOOD 7/16)
Magna sells Great Lakes Downs (The Thoroughbred Times 7/16)

Rand, Meister, and Light on the “Guidance”

Kathryn Rand, Alan Meister, and Steven Light have published “Questionable Federal ‘Guidance’ on Off-Reservation Indian Gaming: Legal and Economic Issues” in the Gaming Law Review. Here is a snippet:

In January 2008, Carl Artman, the assistant secretary for Indian affairs at the U.S. Department of the Interior, issued a memorandum titled, “Guidance on taking off-reservation land into trust for gaming purposes.” The guidance memo signaled a significant change in the department’s position on Indian gaming on newly acquired trust lands or “off-reservation” gaming, a change that had been brewing for more than four years.
The memo also garnered the immediate attention of Congress. In February 2008, the House Committee on Natural Resources held an oversight hearing on the memo for the purpose of examining “how the new Guidance was developed, whether it was lawfully enacted, the ramifications of the new requirements on all off-reservation fee to trust applications, and whether this signifies an attempt by the Administration to change Federal policy towards Indian tribes.”  As Committee Chair Nick Rahall (D-W.Va.) stated, “The potential change to the Federal policy towards Indian tribes is disturbing …. [W]e have to question if this Administration is advocating a policy to keep Indians on the reservation.”
Several legal and economic questions are raised by the guidance memo. This article is by no means intended to be the last word on the memo’s legality, nor on the wisdom of its requirements from legal, public policy, or economic perspectives. It is, however, meant to question the memo’s procedural genesis and substantive “guidance.”

Pokagon Revenue Sharing Dispute News Coverage

From the Michigan City News-Dispatch:

NEW BUFFALO, Mich. – The slowing economy is not keeping people away from the Four Winds Casino Resort in New Buffalo Township, which collected about $146.6 million in slot machine revenue over the six-month period that ended March 30.

Figures released by the Michigan Gaming Control Board show that the casino, owned by the Pokagon Band of Potawatomi Indians, is taking in $24.4 million a month in slot machine revenue.

The monthly total has not changed from the amount estimated using figures covering August and September 2007, the casino’s first two months of operation.

Because it is privately held, the casino does not release figures on its total revenue from its hotel, restaurants, bars, poker and other games.

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Steven Light on Gaming and Intergovernmental Relations

Steve Light (UND) has published “Indian Gaming and Governmental Relations: State-Level Constraints on Tribal Political Influence over Policy Outcomes” in the American Review of Public Administration. The article uses recent gaming compact and revenue sharing issues in Minnesota as a case study.

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PPI v. Kempthorne – Denial of Injunction against Seminole Hard Rock Bingo

Here is the order re: PPI’s request for an injunction in light of the Florida House v. Crist ruling. It was denied — once again, my favorite rule — Rule 19 — came into play. [Thanks to T.W.]

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PPI’s complaint and request for an injunction is here.

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