IGRA – Page 10 – Turtle Talk

D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

April 16, 2021Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.

California Tribes With IGRA Good Faith Negotiation Suit against State

April 2, 2021May 30, 2021Matthew L.M. Fletcher

Here are the materials in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California (E.D. Cal.):

25 Second Amended Complaint

35-1 Tribe Motion for Summary Judgment

38-1 State Motion for Summary Judgment

Prior post here.

Update (5/30/21):

79-1 State Motion for Stay

87 Opposition

88 Reply

90 DCT Order

Federal Court Dismisses Gaming Developer’s Contract Breach Claim Arising from Failed Lansing Casino Proposal

March 31, 2021Matthew L.M. Fletcher

Here are the materials in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (W.D. Mich.):

21 Reply

32 DCT Order re Subject Matter Jurisdiction

34 JLLJ Brief re Subject Matter Jurisdiction

35 Kewadin Casinos Brief re Subject Matter Jurisdiction

39 DCT Order

Prior post with earlier briefs here.

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

March 26, 2021Matthew L.M. Fletcher

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

Cross-Motions for Summary Judgment Motions in Native Village of Eklutna Bingo Case

March 23, 2021September 23, 2021Matthew L.M. Fletcher

Here are the briefs in Native Village of Eklutna v. Dept. of Interior (D.D.C.):

51-1 Eklutna Motion for Summary J

54 Federal Opposition

Complaint posted here.

Materials in Buena Vista Rancheria Tax Suit against Amador County

March 10, 2021Matthew L.M. Fletcher

Here are the materials so far in Buena Vista Rancheria of Me-Wuk Indians v. Amador County (E.D. Cal.):

5 Amended Complaint

9 Motion to Dismiss 12b1

10 Motion to Dismiss Forum Non Convenienz

11 Motion to Dismiss 12b6

Prior post here.

Second Circuit Decides Seneca Nation of Indians v. State of New York

February 23, 2021Matthew L.M. Fletcher

Here is the opinion:

Seneca Nation v NY CA2 Opinion

Briefs.

Oklahoma SCT Declares Gov. Stitt’s Gaming Compacts with UKB and Kialegee are Invalid

January 27, 2021February 4, 2021Matthew L.M. Fletcher

Here is the opinion in Treat v. Stitt.

Briefs:

Petitioner’s Brief

Response Brief

Petitioner’s Reply Brief

An excerpt:

Petitioners, the Honorable Greg Treat, Senate President Pro Tempore, and the Honorable Charles McCall, Speaker of the House, request the Court to assume original jurisdiction to declare that the new tribal gaming compacts between the State and the United Keetoowah Band of Cherokee Indians and between the State and the Kialegee Tribal Town are invalid under Oklahoma law. The Court assumes original jurisdiction. Okla. Const. art. VII, § 4. The Court invokes its publici juris doctrine to assume original jurisdiction here as Petitioners have presented this Court with an issue of public interest in urgent need of judicial determination. Fent v. Contingency Review Bd., 2007 OK 27, ¶ 11, 163 P.3d 512, 521. The Court grants the declaratory relief sought by Petitioners, as the Executive branch did not validly enter into the new tribal gaming compacts with the United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town. Ethics Comm’n of State of Okla. v. Cullison, 1993 OK 37, ¶ 4, 850 P.2d 1069, 1072.