More LRB News on Off-Reservation Casino Proposals

From Business Review Western Michigan:

Rumblings of a new casino in West Michigan grew louder last week when Fruitport Land Development announced it sold 93 acres in Fruitport Township to the Little River Band of Ottawa Indians.

The tribe, which owns and operates a casino in Manistee, has not firmed up plans or received approval to proceed, according to tribal Public Affairs Director Glenn Zaring.

“We are currently going through the steps to explore establishing a casino on the property but are examining a number of development options, as well,” Zaring said.
Everything is still on the table, he added.

The acreage sold for $4.074 million, according to Township Assessor Lesli Lehner. The land fronts Sternberg Road and, although Lakes Mall is on the opposite side of Sternberg, it is undeveloped and without utilities, she said.

On July 16, the tribe closed on the former Great Lakes Downs racetrack property, and the next day it closed on 53.58 acres south of the 87-acre racetrack property. The most recent buy is southeast of the 53-plus acres, formerly owned by Horizon Group Properties, and the parcels connect at one corner, Lehner said.

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Christopher Wetzel on the Potawatomi Nation

MSU AISP is hosting a talk by Dr. Christopher Wetzel on the rebirth of the Potawatomi Nation. Here is the flyer.

The talk is on September 18.

Ottawa Tribe v. Ohio Dept. of Natural Resources — Sixth Circuit Materials

Please see our previous post on this case here (it links to the briefs and other materials in the lower court).

Here is the Ottawa Tribe’s opening brief: appellant-brief

And here is the amicus brief signed by the National Congress of American Indians and several Michigan tribes on the laches question: brief-amici-curiae

Supreme Court Declines to Lift Gun Lake Stay

From TV:

ALLEGAN COUNTY, Mich. (NEWSCHANNEL 3) – The Chief Justice of the Supreme Court has dealt a blow to the West Michigan tribe trying to build a casino near Wayland.

Justice John Roberts has denied the tribe’s request to vacate a stay issued by a Washington DC circuit court. That court said that the tribe would have to wait until after the Supreme Court hears the latest challenge from the anti-gambling group MichGO.

Many speculate that Roberts’ decision is an indication that the court will hear that challenge, but that may not happen until sometime in 2009. So, for now, the Gun Lake Tribe has to wait and cannot start construction on the casino in Allegan County.

“Many speculate?” Since there has not even been a cert petition filed yet, I don’t see any reason to speculate on anything yet.

Jack Abramoff Sentencing Materials

Indianz reports that the sentencing hearing for Jack Abramoff is tomorrow. Here are the two pleadings submitted to the court involving sentencing. The government’s memo details Abramoff’s fraudulent dealings with Indian tribes.

government-sentencing-memorandum

abramoff-memorandum

“American Indian Education” Profiled by ICT

From ICT:

TEMPE, Ariz. – Matthew L.M. Fletcher is an associate professor at Michigan State University College of Law and he is the director of the Indigenous Law and Policy Center. He recently published, ”American Indian Education: Counternarrative in Racism, Struggle, and the Law” through Routledge. He graduated from University of Michigan Law School.

Indian Country Today: Why did you choose to pursue a career in law?

Matthew L.M. Fletcher: I just want to be able to contribute something to the community and I also was thinking in different ways, even before I started college, what I could do. I had talks with people who are from my community and elders from Michigan who talked a lot about how in the ’70s and ’80s, the big treaty fishing cases were going on and people were really happy with the outcomes with those cases but they were sad to see all the litigation conducted and organized and control by people that were not from the community.

ICT: Do you feel like you have helped your tribe?

Fletcher: I feel like I’ve contributed something and I continue to contribute something. My whole life will be a process of contributing. I think it has been real good.

ICT: What is the future of Indian law?

Fletcher: It’s interesting. The ’70s and ’80s were about litigating treaty rights. The key for Indian lawyers is not so much about going to court but it’s about developing governmental structures within the tribe which is what lawyers do. It’s actually a folly to go to federal courts now. All you have to do is ask anyone who does any kind of litigation in federal court if you’re representing a tribe or tribal interest you can’t expect to win. It’s going to be that way for a long time. The thing that you see is institution building within Indian country. There are some incredible things going on that are not getting a lot of attention. There is a lot of creativity with people bringing back indigenous culture and tradition.

ICT: How would you define sovereignty?

Fletcher: My view of sovereignty is that it is the right to make your own mistakes and to decide things for yourselves. That is really what it is about. Tribes have the wherewithal, the ability and the legal authority to pursue different avenues of governance. They are going to do something where everyone shakes their heads, and then they are going to do other things where people are going to just say, ”Wow.” There is an incredible amount of diversity and creativity going on right now.

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Gun Lake Band Moves to Vacate Stay

The Gun Lake Band has filed an application to Chief Justice Roberts to vacate the stay issued by the D.C. Circuit preventing the Secretary from taking its Shelbyville, Michigan parcel into trust for gaming purposes. Here is the docket sheet so far.

News Coverage re: Pokagon Revenue Sharing Dispute

From the South Bend Tribune:

NEW BUFFALO — For the state of Michigan and local municipalities, the tribal Four Winds Casino Resort that opened a year ago in New Buffalo Township has a lot in common with the 1996 Tom Cruise movie “Jerry Maguire.”

Like the movie’s tag line, they’d like the casino to “show me the money.”

Certainly, the casino has been successful, earning an average of $24.4 million a month over its first eight months just on slot-machine revenue. But the state’s 8 percent share of those revenues and the local communities’ 2 percent share that were specified in the Pokagon Band of Potawatomi Indians’ 1998 gaming compact have yet to be paid.And the payments, placed in interest-bearing escrow accounts, are sizable, amounting to $15.6 million for the state and $3.9 million for Berrien County, New Buffalo Township and the city of New Buffalo.

Essentially, the Dowagiac-based tribe’s stance, like that of other Michigan tribes with casinos, is that the Michigan Lottery’s Club Keno game introduced in 2003 violated their compacts’ exclusivity agreements. Two of the tribes sued the state, and although the Pokagons weren’t involved, they chose to withhold payment until the issue was resolved.

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Sault Tribe Wins Gaming Case Against DOI

Here is the opinion: opinion

The interesting portion of this opinion is the court’s awareness that there is a circuit split over the question of whether Chevron deference will trump canons of statutory construction that favor Indian tribes. The Sixth Circuit has not yet decided this question. Here, the court chose to apply the Chevron test, but concluded that the government’s decision was arbitrary and capricious. So the question remained open.

Carcieri v. Kempthorne: Amicus Briefs Supporting the Respondent

They’re here, courtesy of the Supreme Court Project:

In support of Respondents:

Amicus Brief of Narragansett Indian Tribe

Amicus Brief of Law Professors

Amicus Brief of NCAI

Amicus Brief of Historians

Amicus Brief of Standing Rock Sioux, et al.