Indian gaming – Page 18 – Turtle Talk

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.):

32 DCT Order re Subject Matter Jurisdiction

34 JLLJ Brief re Subject Matter Jurisdiction

35 Kewadin Casinos Brief re Subject Matter Jurisdiction

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

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

58 Alaska Response

64 Federal Reply

Complaint posted here.

Eleventh Circuit Rules Against Miccosukee Members on Taxes on Gaming Per Cap Payments

March 17, 2021Matthew L.M. Fletcher

Here is the opinion in Clay v. Commissioner of Internal Revenue.

Briefs:

Commissioner’s Brief

Lower court decision 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.

First Circuit Decides Second Aquinnah Tribe Gaming Appeal

February 26, 2021Matthew L.M. Fletcher

Here are the opinion and briefs in Aquinnah/Gay Head Community Association Inc. v. Wamapnoag Tribe of Gay Head (Aquinnah):

Tribe Opening Brief

NCAI Amicus Brief

Town of Aquinnah Principal Brief

Martha’s Vineyard Amicus Brief

Tribe Response to MVC Amicus Brief

Town of Aquinnah Reply

Prior post here.

First Circuit materials in earlier appeal.

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

SCOTUS Asks for Views of SG in Ysleta del Sur Pueblo Gaming Case

February 22, 2021Matthew L.M. Fletcher

Here is today’s order list.

Cert stage briefs are here.

Lower court materials here.

California COA Briefs in Findleton v. Coyote Valley Band of Pomo Indians

February 19, 2021Matthew L.M. Fletcher

Here:

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

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.