New Mexico Supreme Court Holds State Dram Shop Actions Apply to Tribal Enterprises

Here is the opinion in Mendoza v. Tamaya Enterprises, Inc. News article here.

Along with Oklahoma, New Mexico is one of the few states to allow state law dram shop actions against tribal businesses. And, along with Oklahoma, the reasoning behind the decision is tied to the state-specific jurisdictional scheme created in the tribal gaming compacts.

Stockbridge-Munsee/New York Gaming Compact

Available here, along with a news report on it, via Pechanga.

Also, here: 46046842-Stock-Bridge-Munsee-Compact

 

News Coverage on LRB Gaming Compact

From Indianz:

The Little River Band of Ottawa Indians of Michigan is weighing its options after a compact for an off-reservation casino failed to come up for a vote last week. The tribe plans to build a casino in Fruitport Township. The site is about 80 miles from the tribe’s headquarters but it’s within the tribe’s nine-county service area. The compact survived a series of hearings but it appeared to be headed for a negative vote last week. Lawmakers have until December 31 to vote on the agreement. “We’re going to weigh the options and strategies we have before us,” Robert Memberto, the tribe’s commerce director, told The Muskegon Chronicle. Separately, the tribe needs approval for its land-into-trust application.

Get the Story:
Fruitport Township’s casino future uncertain after failed vote (The Muskegon Chronicle 8/30)

Interior Letter Rejecting Habematolel Pomo Upper Lake Gaming Compact

Big news.

Here: TribeUpperLake081710

Seminole Nation of Florida Gaming Compact Materials

Interestingly, I cannot find a copy of the compact online. I must be getting old. Ah, here it is. [Thanks T.W.!]

Ch_2010-029

Seminole-Gaming-Compact-Majority-Memo

Op/Ed Favoring Little River Band Gaming Compact

From the Muskegon Chronicle via Pechanga:

It’s becoming more of a sure bet Muskegon County will see construction of a casino in its near future.

With the governor’s approval of amendments to the Little River Band of Ottawa Indians’ tribal compact and Fruitport Township’s and Muskegon County’s approval of the 36-page Municipal Services Agreement last week, there are only a few hurdles left.

The Chronicle Editorial Board urges our state lawmakers to shepherd the plan to build at the former Great Lakes Downs site through the Legislature. All three — representatives Mary Valentine, D-Norton Shores, and Doug Bennett, D-Muskegon Twp., and Sen. Gerald Van Woerkom, R-Norton Shores — have indicated they will support the move that could eventually create up to 1,100 new jobs in Muskegon County.

The Legislature must agree with Gov. Granholm’s approval of a change in the tribal compact and the Little River Band needs approvals from the federal Bureau of Indian Affairs and the Department of the Interior. The tribe is expected to ask that 60 acres of its 233-acre site in Fruitport Township be placed in a “trust” for casino development.

The Editorial Board also urges Congressman Pete Hoekstra, R-Holland, and U.S. senators Carl Levin, D-Detroit and Debbie Stabenow, D-Lansing to help this proposal sail through the approval process in Washington, D.C.

Federal lawmakers also should push highway officials to fund construction of an interchange at I-96 and Sternberg. The development of the interchange will be key to the continued growth of tourism and retail businesses in that area. Muskegon County has waged a 25-year campaign for the improvement and it has waited long enough.

With the construction of the casino and proper highway access, Muskegon County could become a year-round tourism destination, a definite boost in efforts to diversify the area economy and create permanent jobs in business serving casino visitors.

However, the Editorial Board continues to draw the line against a casino in downtown Muskegon or multiple casinos in the county.

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Federal Court Increases Slot Machine Pool in California to 55,000+

Here are the materials in Rincon Band v. Schwarzeneggar:

DCT Order Granting Additional Slot Machines

Rincon Motion for Partial Summary J

Cali Opposition re Motion for Partial Summary J

Rincon Reply

News article here, via Pechanga.

Nottawaseppi Huron Band in Talks to Amend Gaming Compact

From the Battle Creek Inquirer:

The governor’s attorney said Tuesday the revised compact for FireKeepers Casino should be done within 60 days and offered clues to what the new document might look like.

The Nottawaseppi Huron Band of Potawatomi, owner of FireKeepers, has been in talks the past several weeks with the state of Michigan on changes to the 1998 compact that allowed the tribe to move forward with the casino.

On Monday, John Wernet, general counsel to Gov. Jennifer Granholm, would not offer details to what changes might be made to the compact but said it would be similar to changes made to compacts with the Pokagon Band (New Buffalo) of Potawatomi, the Little River (Manistee) Band of Ottawa and Little Traverse Bay (Petoskey) Band of Odawa Indians.

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Pokagon Band Revenue Sharing Update

From tv (via Pechanga):

It’s an apparent case of ‘better late than never.’ The tribal owners of the Four Winds Casino are about to make good on a promise to share revenue with the communities that are closest to the facility.

The break through came today in New Buffalo.

During the first 20-months of operation, the promised payments were placed in an escrow account by the tribe that owns the casino. The account is said to contain at least $6.2 million.

Today the Pokagon Band of Potawatomi Indians started the process of releasing the cash.

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Commentary: Now Is the Time for Michigan Tribes to Renew Their Gaming Compacts

The success — shocking and aweing (surely to the MichGO plaintiffs — :)) — of the Gun Lake Band in getting their Class III gaming compact through the Michigan Senate (controlled by Republicans) and House (controlled by Dems, and a few years back had previously approved the compact) should be a serious sign to the rest of the Michigan tribes — NOW is the time to renew or renegotiate gaming compacts.

Here are the facts:

  1. Michigan, and the rest of the US, is in a serious, serious economic downturn.
  2. The State of Michigan, losing tax revenue each and every day, and suffering through year after year of declining governmental revenues.
  3. Michigan tribes, also, are suffering through declining revenue. It turns out that gaming may be recession-proof, but it surely isn’t depression-proof. Now is the time to prove to the State’s negotiators that tribes will be hurt — perhaps even killed — by increased revenue sharing.
  4. Gov. Granholm isn’t going to be the State’s governor forever. The next governor may be someone far less likely to (a) negotiate an Indian gaming compact with reasonable terms, or (b) negotiate a gaming compact at all.
  5. Tribes like Burt Lake will be knocking at the State’s door offering something more than 10 percent, all the way up to the Detroit casino’s 36 percent (did I get that percentage right?).

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