gaming

Federal Court Finds Jurisdiction in Tribal Dispute with Massachusetts over Regulation of Gaming on Martha Vineyard

Matthew L.M. Fletcher2 Comments

Here are the materials so far in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

1 Notice of Removal

18 Massachusetts Motion to Remand

21 Opposition to Motion to Remand

25-1 Massachusetts Reply

31 DCT Order

An excerpt:

This lawsuit involves a dispute between the Commonwealth of Massachusetts and a federally recognized Indian tribe as to who has regulatory jurisdiction over civil gaming on Indian lands on Martha’s Vineyard. The Aquinnah Wampanoag Tribe and related entities have taken steps to commence commercial gaming operations on tribal lands without a license from the Commonwealth. The Commonwealth of Massachusetts contends that by doing so, the Tribe violated a 1983 settlement agreement that subject the lands in question to state civil and criminal jurisdiction. Count 1 of the complaint alleges breach of contract, and Count 2 seeks a declaratory judgment.

The Commonwealth filed suit in state court on December 2, 2013. On December 30, 2013, defendants removed the action to this Court on the basis of federal-question and supplemental jurisdiction, 28 U.S.C. §§ 1331, 1367. The Commonwealth has moved to remand the matter to state court. For the reasons set forth below, the motion will be denied.

More Filings in California v. Paskenta Band

Matthew L.M. Fletcher2 Comments

Here are additional filings in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

22 – Paskenta Band of Nomlaki Indians’ Third Party Complaint

23 – Paskenta Band of Nomlaki Indians’ Supplemental Briefing in Support of Enjoining Class II Gaming Activity

23-1 – Second Declaration of Vice Chairman David Swearinger

24 – Plaintiff’s Request for Preliminary Injunction and Opposition to Enjoining Class II Gaming Activity

26 – Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

26-1 – Declaration of Andrew Freeman Re Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

26-2 – Declaration of Bob Cloud Re Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

Prior posts here and here.

 

Federal Court Sends Coeur d’Alene Tribe Poker Dispute to Arbitration

Matthew L.M. Fletcher2 Comments

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Coeur d’Alene Tribe Reply

35 DCT Order

Prior briefs here.

Massachusetts High Court Puts State Gaming Ban Initiative on Ballot

Matthew L.M. Fletcher

Here is the opinion in Abdow v. Attorney General (Mass. Sup. Jud. Ct.).

We posted links to briefs here.

An excerpt:

The issue presented on appeal is whether an initiative petition meant to prohibit casino and slots gambling and abolish parimutuel wagering on simulcast greyhound races meets the requirements set forth in art. 48 of the Amendments to the Massachusetts Constitution and, therefore, may be considered by voters at the November Statewide election. The Attorney General concluded that it did not and, accordingly, declined to certify it for inclusion on the ballot. The plaintiffs, ten Massachusetts voters who submitted the proposed initiative for certification, filed a complaint challenging the Attorney General’s decision and sought an order requiring the Attorney General to certify the petition. We conclude that the Attorney General erred in declining to certify, and grant the requested relief so that the initiative may be decided by the voters at the November election.

Federal Court Issues TRO in Paskenta Leadership Dispute to Prevent Disturbance of Gaming Operations

Matthew L.M. Fletcher3 Comments

Here are the updated materials in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

8 Response to Motion for TRO

12 Supplemental Authority

13 Supplemental Authority

14 Supplemental Authority

18 DCT Order Granting TRO

An excerpt:

Based upon the forgoing findings of fact and conclusions of law, and good cause appearing, it is hereby ordered that the State’s motion for a temporary restraining order is GRANTED without requiring the State to post security, and that the Tribe, and all of its officers, agents, servants, employees and attorneys and all persons acting under the Tribe’s direction and control, including both factions or groups currently claiming to constitute the tribal government, are hereby ENJOINED AND RESTRAINED from:

1. Attempting to disturb, modify or otherwise change the circumstances currently in effect with respect to operation of the Rolling Hills Casino in Corning, California.

2. Deploying any armed personnel of any nature within 100 yards from the Casino, the property on which the Casino is located, and tribal properties surrounding the Casino including the nearby hotels, gas station, and RV park (collectively, Tribal Properties).

3. Possessing, carrying, displaying, or otherwise having firearms on the Tribal Properties. This order will remain in effect until 6 p.m. on July 2, 2014 unless modified by the court before then, or extended by the court to continue in effect thereafter. FED. R. CIV. P. 65(b)(2).

At the preliminary injunction hearing on June 30, 2014, the court will entertain further argument regarding whether the court should enter a broader injunction preventing any class III gaming activity on Paskenta lands. 25 U.S.C. § 2710(d)(7)(A)(ii). Any supplemental briefing advancing this position must be filed by June 23, and any opposition briefing by June 27; no brief shall exceed 20 pages.

Complaint and motion here.

Dale Kildee Claims MILCSA Not Intended to Create Off-Reservation Gaming Opportunities

Matthew L.M. Fletcher

From the Ann Arbor News, “Dale Kildee: Land for Soo tribe casinos in Lansing and SE Michigan not his legislation’s intent.”

California Sues Paskenta Band over Leadership Dispute

Matthew L.M. Fletcher4 Comments

Here are the materials so far in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

CA v Paskenta – 2 – Complaint

CA v Paskenta – 4 – Mem iso TRO

Ninth Circuit Grants En Banc Review in Big Lagoon Rancheria v. State of California

Matthew L.M. Fletcher5 Comments

Here:

2014 0611 Order Granting Petition for Rehearing En Banc

En banc petition here. Supporting amicus briefs here.

Lower court materials here.

Updated Materials in Challenge to North Fork Casino Proposal

Matthew L.M. Fletcher2 Comments

Here are updated materials in Stand Up for California! v. Dept. of Interior (D.D.C.):

85 Motion to Supplement Admin Record

86 North Fork Rancheria Answer

87 Federal Defendants Answer

Amended complaint here.

Sault Tribe Lansing Casino Trust Application Documents

Matthew L.M. Fletcher3 Comments

Here:

SSM Mandatory Trust Filing Lansing final 20140610

An excerpt:

The Sault Ste. Marie Tribe of Chippewa Indians of Michigan (the “Sault Tribe” or “Tribe”) tenders this submission for a mandatory fee-to-trust acquisition of two parcels of land located in Lansing, Michigan:

(1) The “Corner Parcel,” a 0.43 acre parcel acquired by the Tribe on November 1, 2012, and

(2) The “Showcase Parcel,” a nearby 2.26 acre parcel that the Tribe has committed to acquire under an existing contract of purchase with the City of Lansing, Michigan.

The Tribe has acquired the Corner Parcel and will acquire the Showcase Parcel using interest or other income generated by the Tribe’s Self-Sufficiency Fund, established pursuant to section 108 of the Michigan Indian Land Claims Settlement Act (“MILCSA”), Pub. L. No. 105-143, 111 Stat. 2652 (1997). Under Section 108(f) of MILCSA, “[a]ny lands acquired using amounts from interest or other income of the Self-Sufficiency Fund shall be held in trust by the Secretary for the benefit of the [Sault] Tribe.” 111 Stat. at 2661-2662. The Secretary is thus required to accept the Parcels in trust.

Ex 1 Warranty Deed to Corner Parcel

Ex 2 Title Policy for Corner Parcel

Ex 3 Comprehensive Development Agrmt

Ex 4 Showcase Title Commitment & Proposed Warranty Deed

Ex 5 Legal Description & ALTA Survery for Corner Parcel

Ex 6 Legal Description & ALTA Survery for Showcase Parcel

Ex 7 Location Map

Ex 8 ST Bd Resolution 2012-11Auth Lansing CDA

Ex 9 ST Bd Resolution 2012-223 Auth Closing on Corner Parcel

Ex 10 Affidavit of CFO Connolly – Lansing

Ltr to Rosen w Mandatory Trust Subm 20140610