Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.):
2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint
2015-03-20 Defendant’s Motion to Dismiss Amended Complaint
71 Michigan Response to Motion to Dismiss
The state’s amended complaint is here.
2Exhibit A (Letter from DOI)
Exhibit B (letter from Gov. Snyder to Chairman Eitrem)
Exhibit C (Sault Tribe Submission for Mandatory Fee-to-Trust Acquisition)
Exhibit D (Same, for the Sibley Parcel)
Exhibit E (Sault Tribe approval of development agreement with Lansing, MI)
Exhibit F (Comprehensive Development Agreement between Sault Tribe and Lansing)
Previous coverage of the Lansing casino case here.
Moderator:Loretta Tuell, Greenberg Traurig
Speakers: Alex Skibine, Professor, College of Law, University of Utah
Scott Crowell, Crowell Law Office -Tribal Advocacy Group
Paula Hart, Director, Bureau of Indian Affairs – Office of Indian Gaming
Steve Bodmer, Deputy General Counsel, Pechanga Tribe
Opinion in Catawba Indian Nation v. South Carolina here.
We conclude the Tribe’s action is not precluded by collateral estoppel or res judicata and reverse this finding by the circuit court. We affirm, however, the circuit court’s determination that the Gambling Cruise Act does not authorize the Tribe to offer video poker on its Reservation in contravention of the existing statewide ban on video gambling devices.
Order here.
Accordingly, treating the tribal court papers filed by Comanche Nation and the tribal court papers of the Comanche Nation partially adopted by the Federal Defendants, as motions for summary judgment under Rule 56, Fed. R. Civ. P. (doc. nos. 160 and 161), the motions are GRANTED. Treating the tribal court papers of CDST as a motion for summary judgment (doc. no. 159), the motion is DENIED. Judgment shall issue forthwith.
Briefs here:
CDST Gaming Tribal Court Materials
Comanche Tribal Court Materials
Judgement here.
Previous post here.
And another here.
WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today approved a request by the Mechoopda Indian Tribe of Chico Rancheria to acquire 626 acres in trust in Butte County, California, near the City of Chico for gaming purposes. The Mechoopda Tribe will construct and operate a modest gaming facility on 91 acres of the site. The project is estimated to create 214 full-time jobs.
“The Mechoopda Tribe has pursued this initiative for more than a decade,” Washburn said. “The acquisition of the land into trust for the purpose of establishing a class III gaming establishment will result in substantial financial benefits to the Tribe and help stimulate economic development.”
Decision will be published here.
Here.
WHEREAS,
certain gaming Tribes, in order to eliminate competition, have sought to constrain the ability of neighboring nations to conduct Class III gaming on their lands by obtaining from the state government a promise of “geographic exclusivity” pursuant to which the state agrees to not allowany Class III gaming on all or a portion of the lands of such neighboring Indian nations; andWHEREAS,such agreements blatantly infringe upon the sovereign rights of neighboring Indian nations andabrogate a state government’s statutory obligation, under IGRA, to negotiate, in good faith, a Class III compact with any resident Indian nation that desires to conduct Class III gaming anywhere within such nation’s borders;
Here.
The agreement calls for the Senecas to give about $340 million in back payments to the state and local governments, but they will not have to pay about $209 million that was also owed. The deal also allows the Senecas to retain its gambling exclusivity in western New York, stretching through Rochester and the western portion of the Finger Lakes. The settlement will not need legislative approval.
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