gaming

Saginaw Chippewa Issues Release Opposing BMIC Vanderbilt Casino

Matthew L.M. Fletcher

Here is the press release:

The Tribal Council of the Saginaw Chippewa Indian Tribe has taken a firm position against the Bay Mills attempt to push their way into Vanderbilt MI with class three gaming. “We have a long history of supporting the intent of the Indian Gaming Regulatory Act in honoring “On Reservation” gaming provisions within that act” stated Tribal Chief Dennis V. Kequom Sr. For many years the Saginaw Chippewa Indian Tribe has teamed with others who are like minded on the issue of off reservation gaming.

The Saginaw Chippewa Indian Tribe is committed to educate the public and elected officials of the negative implications to “Off reservation” gaming. If Bay Mills is allowed to conduct “Off Reservation” gaming it would open the flood gates to unlimited casino development saturating an already stressed market. The Federal Government rejects casino compacts unless a tribe has trust land. Vanderbilt is not in trust according to the Department of the Interior. The Tribe will continue to closely monitor Bay Mills activities and continue with its efforts to inform the public at large about the negative implications of the Bay Mills Indian community and their efforts elsewhere in the State.

 

Arguments for Injunction in Bay Mills Casino Case Heard Today

Kate Fort2 Comments

No ruling yet.

From Mlive:

A casino in northern Michigan is illegal and should be closed immediately, a lawyer for the Little Traverse Bay Bands of Odawa Indians argued in federal court in Kalamazoo today.

The Bay Mills Indian Community opened a small casino in November on land it owns in Vanderbilt in Otsego County. The tribe, which is federally recognized and operates another casino in Brimley in the Upper Peninsula, says it is allowed to open casinos on tribe-owned land.

The Little Traverse Bay Bands sued the Bay Mills tribe in December and requested a preliminary injunction that would halt operations at the Vanderbilt casino.

U.S. District Court Judge Paul Maloney this morning heard arguments but made no decision on the injunction. Maloney said he would issue a ruling as soon as possible.

The Vanderbilt casino opened without going through any state or federal approval process. A lawyer for the Bay Mills tribe argued this morning that the land in Vanderbilt was purchased for the betterment of the tribe, making the property Indian land where gambling is allowed.

An attorney for the state of Michigan, which also sued the Bay Mills tribe over the Vanderbilt casino, told Maloney the state is worried about the Bay Mills tribe being allowed to open casinos anywhere it wants without government oversight.

“There is nothing to stop them from expanding,” said Louis Reinwasser, an attorney with the Michigan Attorney General’s office.

The Bay Mills tribe last year purchased property in Flint Township that could be used for a casino if it survives this legal challenge.

Challenge to 40% Maximum Revenue Limit for Gaming Management Companies Rejected

Matthew L.M. Fletcher

Here are the materials in Crosby Lodge v. NIGC (D. Nev.):

Crosby Lodge Motion

NIGC Motion

DCT Judgment in Crosby Lodge v NIGC

Previous proceedings in this case are posted here.

Briefing in City of Temecula v. Pechanga Band Gaming Dispute

Matthew L.M. Fletcher

Here are the materials:

Pechanga Motion to Dismiss

Temecula Opposition

Pechanga Reply

The complaint is here.

News coverage from Pechanga.net.

Interior Solicitor Letter on Stockbridge-Munsee Gaming Compact Denial: Denying US Participation in Land Claims Settlement

Matthew L.M. Fletcher

Here: Vele.Tompkins.02.18.2011.

The DOI Letter is here.

In re Howley Part 2 — Tribal Per Cap Still Subject to Bankruptcy Award

Matthew L.M. Fletcher

Here: In re Howley Order after Motion to Amend

Earlier materials in the same proceeding are here.

Gila River v. United States — Federal Court Affirms Interior Decision to Take Land Into Trust for Tohono O’odham Nation

Matthew L.M. Fletcher4 Comments

Here is the opinion, via Indianz.

Here are the key materials:

Glendale Motion for Summary J

GRIC Motion for Summary J

TON Motion for Summary J

USA Motion for Summary J in Gila River v US

 

 

State Law Claim to Recover Gaming Losses from Seminole Tribe and Other Dismissed

Matthew L.M. Fletcher

Here is the opinion in Crawley v. Clear Channel (M.D. Fla.):

DCT Order Dismissing Crawley Complaint

Technically, Seminole Tribe was not a defendant, but intervened for purposes of filing a motion to dismiss under Rule 19:

Seminole Motion to Dismiss

The court deemed Seminole’s motion to dismiss moot, as it dismissed the claims on other grounds.

Little Traverse Reply Brief in Bay Mills Vanderbilt Casino Injunction Motion

Matthew L.M. Fletcher

Here: LTBB Reply

The injunction hearing has been set for March 23 (news article here).

Commentary on Pinoleville Compact Denial

Matthew L.M. Fletcher

Here is the denial letter — Pinoleville denial.

And more commentary from Lance Boldrey:

Interior corrected the fundamental mistake from last year’s Upper Lake letter, in which they suggested that the number of machines a state might “allow” a tribe via compacting could somehow support revenue sharing. The Department has now returned to the position articulated in a letter to Forest County Potawatomi some years ago that the ordinary elements of a compact, such as number of machines, types of games, hours of operation, etc, cannot support revenue sharing with a state. Rather, a state must confer a substantial benefit that it was not otherwise obligated to negotiate.