Ninth Circuit Briefing in State Eminent Domain Case against Tohono O’odham Nation

Here are the materials in Tohono O’Odham Nation v. City of Glendale:

Arizona & Glendale Brief

TON Principal Brief

Arizona & Glendale Reply

TON Reply

Lower court materials are here.

Opening Brief in KG Urban v. Patrick (Mass. State Gaming Case)

Here:

KG Urban Motion to Expedite CA1 Appeal

Mass Response to Motion to Expedite

KG Urban Opening CA1 Brief

Lower court materials are here and here and here.

News coverage here, h/t Pechanga.

Little River Band Ottawa Signs Second Collective Bargaining Agreement Under Tribal Law

(March 22, 2012) Manistee, MI                                             

Second Collective Bargaining Agreement Signed under Tribal Law

The Little River Casino Resort and the United Steelworkers Union have entered into a collective bargaining agreement covering slot machine technicians.  This is the second collective bargaining agreement entered into by the Resort and the Union under tribal law.  The first, involving the Resort’s security guards, was signed in December, 2010.

“Like our first agreement, this is the product of hard work and long negotiations,” said Tom Davis, General Manager at the Resort.  “It reflects a lot of give and take from both sides of the bargaining table.”

In 2007, the Band enacted a law governing labor unions and collective bargaining modeled on state labor relations laws.  The law allows collective bargaining within the Band’s governmental operations, which includes its gaming operations at the Little River Casino Resort.  It requires unions to hold a license from the Band, and it provides a structure for resolving unfair labor practice charges.  “In designing our law, we found there was much to learn from the way state governments regulate collective bargaining in the public sector,” said Tribal Council Speaker Stephen Parsons. “In the end, however, this law reflects the unique values of our Ottawa community.”

Few Indian nations have laws governing collective bargaining. The short list includes the Navajo Nation and the Mashantucket Pequot Tribal Nation.  “We decided that it was in the best interests of our community to give employees the right to bargain collectively,” explained Parsons. “As a sovereign tribal government, we have authority to grant employees those rights.” he said.

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Materials in Kialegee Tribal Town Casino Suit

Here are the materials so far in State of Oklahoma v. Hobia (N.D. Okla.):

Complaint

State Brief for Preliminary Injunction

Hobia Response in Opposition to PI Motion

State DCT Order re Prime Ground Lease

Our previous post is here. The Tulsa World is also collecting docs here.

Kickapoo Court Dismisses Charges against Tribal Elected Officials

Here is the news coverage.

An excerpt:

In her decision handed down on March 12, Judge Wahwassuck found:

1. The Plaintiffs (have) failed to carry their burden of establishing that the Kickapoo Tribe in Kansas and/or its agents (the Defendants herein) have waived tribal sovereign immunity in this matter.

2. The Plaintiffs have failed to demonstrate that they have a “property” right to their positions on the Gaming Commission, and thus have failed to demonstrate that their due process rights under the Indian Civil Rights Act were violated.

With these findings and her conclusion of law that the Defendants action was protected from suit under the doctrine of sovereign immunity, the Defendant’s motion to dismiss was granted with prejudice, meaning it cannot be refiled.

IPR on Pending Sault Tribe Vote over Lansing Casino Proposal

Here.

Federal Court Dismisses Complaint of Gambling Addict against Muscogee (Creek) Nation

Here are the materials in Santana v. Muscogee (Creek) Nation ex rel. River Spirit Casino (N.D. Okla.):

MCN Motion to Dismiss

Santana Brief

DCT Order Dismissing Santana Complaint

Eastern Shawnee Complaint against Financial Services Company/Individuals Alleging Fraud

Here is the complaint in Eastern Shawnee Tribe of Oklahoma v. William Morris Financial Services LLC (Ottawa Cty. Dist. Ct.):

ESTO.Wm Morris Fin – 2012-02-24Petition, CJ 12 50, Ottawa Cty

NYTs: Wither Foxwoods?

Here is the article (h/t Pechanga).

An excerpt:

In the early 1970s, just one resident remained on a Pequot reservation in Ledyard, now the site of Foxwoods — an elderly woman named Elizabeth George. Her grandson was Richard Hayward (known as Skip), a pipe welder and a former short-order cook with an audacious vision, innate political skills and a flair for dealmaking. Through his efforts, the tribe won federal recognition in 1983. In 1986, it opened a high-stakes bingo hall. Full-blown casino gambling came to Foxwoods in 1992 and in the two decades since has produced not millions but billions of dollars of revenue. Not surprisingly, the casino and its largess rejuvenated the tribe, whose population is now about 900. (Members trace their bloodlines to 11 Pequot families counted in a 1900 census.)

These days the tribe is dealing with the latest improbability in its turbulent history: financial havoc. The casino is underwater, like a five-bedroom Spanish colonial in a Nevada subdivision. The Pequots misjudged the market, borrowed too much and expanded unwisely. Foxwoods’s debt is on a scale befitting the size of the property — $2.3 billion.

 

Constitutional Challenge to IGRA by Anti-Seneca Gaming Advocate Rejected

As first noted on Indianz, here are the materials in Warren v. United States (W.D. N.Y.):

Warren Proposed Amended Complaint

USA 1st Motion to Dismiss

USA 2nd Motion to Dismiss

DCT Order Dismissing Warren Complaint

UPDATE: 01 Amicus Seneca Nation of Indians’ Response to Plaintiff’s Motion to Amend Complaint