IGRA – Page 13 – Turtle Talk

Second Circuit Briefs in Seneca Nation of Indians v. State of New York [gaming dispute arbitration award]

June 16, 2020July 9, 2020Matthew L.M. Fletcher

Here:

Lower court materials here.

California SCT Briefs in United Auburn Indian Community of the Auburn Rancheria v. Newsom

June 4, 2020June 22, 2020Matthew L.M. Fletcher

S238544 – UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA v. NEWSOM
(Groban, J., not participating, Fybel, J., assigned justice pro tempore)

Appellant’s Petition for Review Filed on November 22, 2016
Appellant’s Request for Judicial Notice Filed on November 22, 2016
Appellant’s Request for Judicial Notice Filed on December 14, 2016
Appellant’s Opening Brief on the Merits Filed on March 27, 2017
Appellant’s Request for Judicial Notice Filed on March 28, 2017
Respondent’s Answer Brief on the Merits Filed on June 26, 2017
Appellant’s Reply Brief on the Merits Filed on August 23, 2017
Amicus Curiae Brief of The Mooretown Rancheria of Maidu Indians of California and The Cachil Dehe Band of Wintun Indians of the Colusa Indian Community Filed on September 28, 2017
Amicus Curiae Brief of Picayune Rancheria of Chukchansi Indians Filed on October 10, 2017
Amicus Curiae Brief of North Fork Rancheria of Mono Indians Filed on October 10, 2017
Amicus Curiae Brief of Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California, Filed on October 10, 2017
Amicus Curiae Brief of Stand Up For California! Filed on October 10, 2017
Respondent’s Response to Amicus Curiae Brief Filed on December 8, 2017
Respondent’s Supplemental Brief Filed on May 22, 2020

Video.

https://jcc.granicus.com/player/clip/1584?meta_id=50863

Ninth Circuit Rejects Two Challenges to North Fork Rancheria Gaming

May 27, 2020May 27, 2020Matthew L.M. Fletcher

Here is the opinion in Club One Casino, Inc. v. Bernhardt.

Briefs here.

And here is the opinion in Stand Up for California! v. Dept. of the Interior.

Briefs here.

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

May 26, 2020Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in Noem v. Flandreau Santee Sioux Tribe.

Cert Petition in Oklahoma Gaming Machines Tax Case

May 22, 2020July 23, 2020Matthew L.M. Fletcher

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief