Indian gaming

Federal Court Dismisses Suit against Florida over Seminole Compact

Matthew L.M. Fletcher

Here is the opinion in West Flagler Associates Ltd. v. DeSantis (N.D. Fla.):

41 DCT Order

Briefs are here.

SCOTUS Denies Cert in Miccosukee Member’s Challenge to Federal Income Taxes on Per Capita Payments

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Clay v. Commissioner of Internal Revenue.

SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

California COA Dismisses Coyote Valley Band Appeals under Disentitlement Doctrine

Matthew L.M. Fletcher

Here are the materials in Findleton v. Coyote Valley Band of Pomo Indians:

A156459 [opinion]

Findleton Brief A156459

Findleton Brief A158171 A158172 A158173

Tribe Brief A156459

Tribe Brief A158171 A158172 A158173

Tribe Brief A159823

Tribe Reply A156459

Tribe Reply A158171 A158172 A158173

Federal Court Rejects Alaska Tribe’s Gaming Claim

Matthew L.M. Fletcher

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

71 DCt Order

Briefs here.

Materials in Snoqualmie Entertainment Authority v. Affiliated FM Ins. Co.

Matthew L.M. Fletcher

Here:

Opinion

First Amended Complaint

Tribe MSJ

Affiliated MSJ

Ysleta del Sur Pueblo v. Texas Cert Stage Supplemental Briefs

Matthew L.M. Fletcher

Here:

SG Invitation Brief

Texas Supplemental Brief

Cert stage briefs are here.

Federal Court Rejects Texas’ Effort to Stop Alabama-Coushatta Bingo

Matthew L.M. Fletcher

Here are the materials in State of Texas v. Alabama-Coushatta Tribe of Texas (E.D. Tex.):

160 Texas Motion for Contempt

161 Tribe Response

162 Reply

163 Surreply

193 Magistrate Order

Prior post here.

Eighth Circuit Decides City of Council Bluffs v. Dept. of the Interior [Ponca Gaming]

Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.

Briefs here.

Lower court materials here.

Clay v. Commissioner of Internal Revenue [Federal Taxes on Gaming Per Capita Payments]

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.