Here are the materials in Harris v. Muscogee (Creek) Nation (N.D. Okla.):
gaming
SCOTUSblog Coverage of Patchak Decision
Here.
And their plain language description:
In this case, the federal government took certain land into trust for an Indian tribe, which means that it took ownership of the land to allow the tribe to use it. The tribe planned to build a casino on the land. The Supreme Court held that a neighbor could sue the government to stop the casino project on the ground that the law did not permit the government to take the land into trust for this particular tribe
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MLive In-Depth Coverage of Patchak Decision
Here.
An excerpt:
The ruling, Fletcher said, was not really a surprise.
“This is a court that is pretty reluctant to rule in favor of Indian tribes and I think they are very skeptical of things like Indian gaming.”
Fletcher said the Sotomayor dissent highlights the destabilizing consequences of Monday’s decision. Wrote Sotomayor:
“… the majority’s rule will impose a substantial burden on the Government and leave an array of uncertainties. Moreover, it will open to suit lands that Congress and the Executive Branch thought the “national public interest” demanded should remain immune from challenge. Congress did not intend either result.”
Fletcher said that whereas parties seeking to challenge land-in-title decisions previously only had 30 days to file action, after Monday, tribes will likely have to wait six years to develop any property the government takes into trust while they wait out potential lawsuits against the use of the property.
“It’s very difficult to borrow money or do anything with land under those circumstances.’
The vast majority of Indian land-in-trust decisions by the government are for reasons like housing, treat rights, environmental protection and public safety. Very little are done for gaming reasons, Fletcher said.
Gun Lake Band’s Press Release on Patchak
Here:
The text:
Bradley, Michigan – Today the U.S. Supreme Court rejected motions by the Gun Lake Tribe and U.S. government seeking to have David Patchak’s lawsuit dismissed on procedural grounds. The Court’s decision expressly declined to say anything about the merits of Patchak’s lawsuit. It simply allows Patchak to go forward with his lawsuit back at the lower court. The Tribe is ready to continue fighting the lawsuit and is confident that it will ultimately prove that Patchak’s claims are completely without merit.
“The Supreme Court clearly stated that this decision was not based on the merits. This is simply a procedural decision that has no impact on operations at Gun Lake Casino. The Casino will continue to operate, employ over 800 area residents, and provide millions of dollars to state and local governments,” said D.K. Sprague, Tribal Chairman.
The likely course of action is a remand by the U.S. Court of Appeals District of Columbia Circuit to U.S. District Court for the District of Columbia before Judge Richard Leon. Judge Leon’s decision in January of 2009 to grant a procedural motion by the Tribe and U.S. would have ended Patchak’s lawsuit.
“This simply means that Patchak’s lawsuit can go forward before the federal courts, which may take many more years to finally resolve it. We are ready to continue that fight in federal court and we are confident the facts will clearly prove once and for all that Patchak’s claims have absolutely no merit. The Tribe would prefer to devote its resources to the economic development of the area; however, since Patchak’s lawsuit dictates otherwise, the Tribe will do what is necessary to prevail.”
MLive Coverage of Patchak Decision
Here.
An excerpt:
The nation’s highest court has decided to allow a lawsuit to move forward which threatens to shut down gaming at the Gun Lake Casino in Wayland Township.
In an 8-1 ruling, the U.S. Supreme Court on Monday upheld a lower court decision to allow former Wayland Township trustee David Patchak to continue with his lawsuit in federal district court.
Patchak, backed by anonymous benefactors, has challenged how the federal government took land in trust for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, in order for them to construct a casino.
Who are these people?
NYTs on Gaming Revenue and Language Preservation
Here.
Agamenv LLC v. Lavedure
North Dakota federal district court refrains from issuing a TRO in a dispute between Turtle Mountain Tribal Council, Tribal Court, and gaming company.
Motion to Withdraw TRO-tribal court
Restitution Denied in Kickapoo Casino Theft Case
Informational Meeting on Casino Ballot Initiative to be Held at Firekeepers Casino
From MLive:
BATTLE CREEK, MI – The owners of FireKeepers Casino plan to hold an informational meeting for area community leaders about a statewide ballot proposal that would amend the state constitution to allow eight new privately owned casinos to be built in Michigan.
In a press release, the Nottawaseppi Huron Band of the Pottawatomi [sic] said the meeting is scheduled for 10 a.m. Thursday in the Bingo Room of FireKeepers Casino.
NYTs: Driver Error Likely Caused Fatal Bronx Crash of Foxwoods Gamblers
Here.
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