gaming – Page 41 – Turtle Talk

ND Tribe Plans to Launch Riverboat Gambling Yacht

June 19, 2013Victoria Sweet

The Three Affiliated Tribes plans to dedicate a yacht next month that eventually will be used for a riverboat gambling operation on the Missouri River in North Dakota.

The tribe earlier this year reached an agreement with the state to allow for the expansion of gambling on the Fort Berthold Reservation, which straddles the Lake Sakakawea reservoir on the Missouri. A yacht currently is being assembled at the tribally owned 4 Bears Casino and Lodge west of New Town, the Minot Daily News reported.

Here.

Gov. Snyder Refuses to Concur with Interior on KBIC Off-Reservation Casino Application

June 19, 2013Matthew L.M. Fletcher

Here, via Pechanga.

This is interesting:

Governor Snyder did state that he was open to relocation as part of a broader agreement between the tribe and the state. Potential points for such an agreement include:

·         Allowing local governments to have some say in the disposition of the 2 percent local casino revenue sharing payments

·         The tribe entering into an agreement requiring the tribal businesses to collect tax on transactions with non-Native Americans

·         Working out a revised revenue sharing agreement so the tribe would continue to make some level of payments to the state, even if future gaming competition develops elsewhere in the state. Currently, the KBIC is the only tribe with gaming operations in the state that has an agreement that would stop revenue payments if state-authorized gaming was expanded in Michigan.

In a two-part determination, which allows the governor to concur or not, these points are irrelevant. However, in a compact negotiation, these points appear to put KBIC in a very strong negotiating position in that the governor’s demands appear to violate IGRA’s requirement that the governor negotiate in good faith. Asking for more revenue sharing without any meaningful economic concessions, and demanding tribal tax collection, and demanding the institution of a local revenue sharing board — way overboard, in my view. Will be interesting to see what KB does — go with the Secretarial procedures, or simply sue the governor under the 1993 compacts and litigate good faith.

Wells Fargo Sues Chukchansi for Trust Indenture Violations arising from Leadership Dispute

June 18, 2013Matthew L.M. Fletcher4 Comments

Here are the materials in Wells Fargo Bank v. Chukchansi Economic Development Authority (N.Y. Sup. Ct.):

Summons and Complaint

Order to Show Cause

Memorandum of Law

Michigan Sixth Circuit Answer Brief in Michigan v. Sault Ste. Marie Tribe

June 18, 2013Matthew L.M. Fletcher

Here:

Michigan Brief

Opening brief is here.

Gaming Facility Lease Dispute Dismissed from Conn. Courts

June 18, 2013June 17, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in Big Bubba’s BBQ, LLC v. Mohegan Tribal Gaming Auth. (Conn. Super.) (PDF).

An excerpt:

As a matter of fact and of law, this court finds no waiver of sovereign immunity that would permit this court to proceed with this case. More specifically, the court finds no such waiver as to a suit under Conn. Gen.Stat. § 47a–43, whether the trial be by court or jury (see Conn. Gen.Stat. § 47a–44 and § 47a–45), or as to the equitable relief sought in this case (see Conn. Gen.Stat. § 47a–45a(a), including restitution, and § 52–471 et seq., as to an injunction with or without bond) or as to any potential (but not pled) double damages claim (see Conn. Gen.Stat. § 47a–46).

No News from SCT on Michigan v. Bay Mills Cert Petition

June 17, 2013Matthew L.M. Fletcher

Today’s order list.

Curious. It could mean several things. Most likely is that one of the Justices is thinking about drafting a dissent from the denial of certiorari. We’re not aware of any similar cases in the pipeline that would compel a hold, which is another possibility.