IGRA – Page 26 – Turtle Talk

Tribe Notifies State of Wisconsin of Intent to Withhold Revenue Sharing Payment

March 9, 2017March 10, 2017Matthew L.M. Fletcher1 Comment

From the Tribe:

The Stockbridge-Munsee Tribe announced today that it has notified the State of Wisconsin of its intent to withhold its revenue sharing payment of $923,000 due to the State’s violation of its gaming compact with the tribe.

The State is in violation of two sections of its compact with the Stockbridge-Munsee by:

Allowing the Ho-Chunk Nation to unlawfully operate its Wittenberg Casino on lands not eligible for Indian gaming under IGRA since 2008.

Allowing the Ho-Chunk Nation to operate the Wittenberg Casino beyond the scope permitted in Ho-Chunk Nation’s gaming compact with the State since 2008.

More information and supporting documents can be found on the tribal website.

Tenth Circuit Issues Temporary Injunction against New Mexico in Dispute with Pueblo of Pojoaque

March 2, 2017Matthew L.M. Fletcher

Here are the materials in Pueblo of Pojoaque v. State of New Mexico:

Pojoaque Emergency Motion

CA10 Temporary Order

Lower court denial of stay here. Lower court materials here.

NIGC Not Held in Contempt for Refusal to Reconsider Decision on Fort Sill Apache New Mexico Casino

February 21, 2017Matthew L.M. Fletcher

Here are the materials in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):

60 Stipulated Order

67 Fort Sill Motion to Enforce

67-1 NIGC Letter

68 Opposition

69 Reply

70 DCT Order on Motion to Enforce

We posted the complaint here.

No Stay Pending IGRA Appeal in 10th Circuit for Pueblo of Pojoaque

February 10, 2017Sarah M Donnelly1 Comment

Link: Previous posts

Here are further materials and briefs in the matter of Pueblo of Pojoaque v. State of New Mexico, 16-cv-00625 (D. NM):

Tenth Circuit Briefs in Pueblo of Pojoaque v. State of New Mexico

January 27, 2017May 9, 2017Matthew L.M. Fletcher1 Comment

Here:

Pojoaque Opening Brief

State Brief

New Mexico Supplemental Brief

Pojoaque Supplemental Brief

Lower court materials here.

Colusa Indian Community Loses Motion for Reconsideration in Challenge to Enterprise Rancheria Casino Project

January 24, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Jewell (E.D. Cal.):

170 Motion for Reconsideration

171 US Opposition

172 Enterprise Rancheria Opposition

173 Reply

183 DCT Order

Federals Prevail in Online Tribal Bingo Suit

December 14, 2016Matthew L.M. Fletcher

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

80 DCT Order Granting US Motion

Prior post here.

Split Cal. COA Holds Gov. Brown’s Concurrence in North Fork Compact is Invalid

December 13, 2016December 13, 2016Matthew L.M. Fletcher

Here are the opinions in Stand Up For California v. State of California (PDF). An excerpt from the lead opinion:

The judgment is reversed. The Governor’s concurrence is invalid under the facts alleged in this case. Plaintiffs have stated a cause of action for a writ of mandate to set the concurrence aside on the ground that it is unsupported by legal authority. The matter is remanded for further proceedings, and the trial court is directed to vacate its order sustaining the demurrers and enter a new order overruling them.

Briefs:

Appellant Brief

California Brief

Reply Brief

Appellant Supplemental Brief

California Supplemental Brief

North Fork Supplemental Brief

Seminole Tribe Prevails in Dispute with Florida over Banked Games

November 11, 2016November 11, 2016Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37-seminole-msj

38-florida-msj

44-seminole-response-to-38

53-florida-response-to-37

86-seminole-immunity-brief

87-florida-immunity-brief

103-dct-order

California Indian Law Association CLE Webinar November 30

November 1, 2016Sarah M Donnelly

Visit http://www.calindianlaw.org/cle-webinar.html

Please join CILA for its CLE webinar hosted in partnership with Ceiba Legal, LLP on November 30, 2016 at 12:00 p.m.

The webinar is titled “Born Again Compacts: How an Evolution in the Definition of ‘Gaming Facilities’ May Lead to a More Intelligent Design of Intergovernmental Agreements,” and will feature a discussion of the following topics:

Kevin Washburn’s recent journal article entitled “Recurring Issues in Indian Gaming Compact Approval,” including a general overview of allowable topics for negotiation under the Indian Gaming Regulatory Act;
How ancillary facilities such as hotels have been impermissibly included in compacts and county intergovernmental agreements;
Recent California trends related to ancillary facilities and how practitioners can use these new trends to their advantage when negotiating or renegotiating intergovernmental agreements; and
The unique ethical issues faced by attorneys when negotiating the best deal for the tribal client may set negative precedent for Indian Country.

Participants will receive 1 CLE credit.

Registration is free for CILA members and non-members may register for $50.00. The $50.00 registration fee includes CILA membership from October 2016 to October 2017.