gaming – Page 30 – Turtle Talk

Wisconsin v. Ho-Chunk Nation Disupte over Class II Gaming at Madison

February 21, 2014July 28, 2014Matthew L.M. Fletcher

Here are the materials so far in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

January 30, 2014Matthew L.M. Fletcher5 Comments

Here is the unpublished opinion. An excerpt:

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.

Ninth Circuit Materials in Friends of Amador County v. Salazar (Jewell)

January 28, 2014January 28, 2014Matthew L.M. Fletcher1 Comment

Here:

Friends Opening Brief

Tribe Answer Brief

Friends Reply Brief

Oral argument audio here.

Lower court materials here.

En Banc Petition Materials in Michigan v. Sault Tribe

January 27, 2014Matthew L.M. Fletcher

Here:

2014-01-16 Petition for Panel Rehearing with a Suggestion for Rehearing …

2014-01-22 NHBPI Motion for leave to file amicus brief -rehearing

2014-01-23 NHBPI Amicus Curiae Brief in Support of St of MI Pet

2014-01-23 Order Granting Motion for Leave to file Amicus Brief NHBPI

Panel materials are here.

Friday News Dump: Mechoopda Gaming Decision

January 24, 2014May 16, 2014Matthew L.M. Fletcher

Here.

Land into Trust Gaming Application for Mechoopda Tribe Approved

January 24, 2014January 24, 2014Kate Fort

And another here.

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today approved a request by the Mechoopda Indian Tribe of Chico Rancheria to acquire 626 acres in trust in Butte County, California, near the City of Chico for gaming purposes. The Mechoopda Tribe will construct and operate a modest gaming facility on 91 acres of the site. The project is estimated to create 214 full-time jobs.

“The Mechoopda Tribe has pursued this initiative for more than a decade,” Washburn said. “The acquisition of the land into trust for the purpose of establishing a class III gaming establishment will result in substantial financial benefits to the Tribe and help stimulate economic development.”

Decision will be published here.

NYTs Profile of Study on Impact of Tribal Gaming Per Cap on Children at Eastern Band Cherokee

January 22, 2014Matthew L.M. Fletcher1 Comment

Here. In short, it’s pretty good for young children, doesn’t have much impact on older children.

We posted on part of this study in 2010.

Split Ninth Circuit Panel Reverses Big Lagoon Rancheria v. California

January 21, 2014January 21, 2014Matthew L.M. Fletcher5 Comments

Here is today’s opinion. The court’s syllabus:

Reversing the district court’s summary judgment, the panel held that the State of California did not violate the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact with Big Lagoon Rancheria.

The panel held that a tribe must have jurisdiction over “Indian lands” in order to file suit to compel negotiations under IGRA. Specifically, the tribe must have jurisdiction over the Indian lands upon which the gaming activity is to be conducted.

The panel held that although the State’s objection to the “Indian lands” requirement could be waived because it was not a matter of subject matter jurisdiction, the State preserved this issue for review. The panel held that the parcel at issue was not Indian lands, which include lands held in trust for a tribe, because under Carcieri v. Salazar, 555 U.S. 379 (2009), the Bureau of Indian Affairs’ authority to take lands in trust for a tribe extends only to tribes under federal jurisdiction in 1934. Because Big Lagoon was not such a tribe, the BIA lacked authority to purchase the parcel in trust for Big Lagoon in 1994. Accordingly, Big Lagoon could not demand negotiations to conduct gaming on the parcel, and it could not sue to compel negotiations if the State fails to negotiate in good faith.

Dissenting, Judge Rawlinson wrote that the parcel was Indian lands under IGRA because under Guidiville Band of Pomo Indians v. NGV Gaming, 531 F.3d 767 (9th Cir. 2008), the State could not collaterally attack the BIA’s designation of trust lands years after its administrative and legal remedies had expired.

Briefs are here.

Arizona COA Affirms Tribal Immunity from Contract Claim in MM&A v. Yavapai-Apache

January 20, 2014Matthew L.M. Fletcher2 Comments

Here is the opinion in MM&A PRODUCTIONS, LLC v. YAVAPAI-APACHE NATION. An excerpt:

MM&A Productions, LLC, appeals from the trial court’s judgment dismissing its contract action against the Yavapai-Apache Nation and related entities for lack of subject matter jurisdiction. It argues the court erred by concluding it had failed to show a valid waiver of the Nation’s sovereign immunity, and by not allowing further discovery and holding an evidentiary hearing before ruling. We affirm.

Here are the briefs:

MM&A Brief

Yavapai-Apache Answer Brief

MM&A Reply