Here is the opinion in Cossey v. Cherokee Nation Enterprises from the Oklahoma Supreme Court, with several concurrences and dissents. And here are the briefs:
gaming compact
Pokagon Band Settles Revenue Sharing Dispute & Amends Gaming Compact
From the Business Review Western Michigan:
Amendments to the Pokagon Band of Potawatomi Indians’s gaming compact will give the state an immediate $15 million and give the tribe the right to open limited satellite casinos in Hartford and Dowagiac, Gov. Jennifer Granholm’s office announced today.
The amended compact resolves issues between the state of Michigan and the tribe that led to the Pokagon Band’s withholding revenue-sharing payments to the state for most of the 14 months its Four Winds Casino in New Buffalo Township has been open.
The band contended the state’s Club Keno game eliminated the tribe’s exclusive rights to operate electronic games of chance. The exclusivity provision was deleted from the amended compact. As a result of this change, the band immediately will make an initial annual payment of more than $15 million to the state.
Similar disputes between the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians were resolved earlier this year. Amendments to compacts do not require approval of the state legislature.
The amendments to the 1998 compact extend the life of the compact from 2018 to 2028, to ensure a full 20 years, as the original compact intended, according to the joint announcement. A series of lawsuits delayed the casino’s opening to August 2008.
PPI v. Kempthorne – Denial of Injunction against Seminole Hard Rock Bingo
Here is the order re: PPI’s request for an injunction in light of the Florida House v. Crist ruling. It was denied — once again, my favorite rule — Rule 19 — came into play. [Thanks to T.W.]
PPI’s complaint and request for an injunction is here.
Michigan Economic Development Corporation & Indian Gaming Revenue Sharing
From Crain’s Detroit Business:
Fight over casino funds limits kitty for MEDC
LANSING — A southwest Michigan American Indian tribe is withholding casino revenue destined for state economic-development operations, posing the latest twist in funding uncertainty for the Michigan Economic Development Corp.
Ho-Chunk Nation v. Wisconsin — 7th Circuit Materials
The Seventh Circuit will soon decide Ho-Chunk Nation v. Wisconson. The dispute involves the Class III gaming compact signed by the parties. HCN stopped payment in violation of the compact’s revenue sharing provisions. Wisconsin seeks to compel arbitration to resolve the dispute.
The briefs are here:
Ho-Chunk’s Opening Brief: Appellant Brief
Wisconsin’s Brief: Appellee Brief
Ho-Chunk’s Reply Brief: Reply Brief
District Court Decision: March 9, 2007 Order
Saginaw Chippewa 2% Distribution History — $66.9 Million and Counting
From Joe Sawmick, spokesperson for the Saginaw Chippewa Tribe: Saginaw Chippewa 2 Percent Distribution History
So that’s about 3 and a quarter billion in net revenue. Whew.
Michigan Gaming Compact Revenue Sharing Benefits — LTBB
From the Petoskey News Review:
Allied EMS emergency medical technician
Chris Heckman (left) and paramedic Erik Slifka are shown with an ambulance and heart monitor purchased with assistance from the Emmet County Local Revenue Sharing Board.
Revenue-sharing grants have helped Allied acquire seven ambulances as well as assorted equipment for the vehicles through the years. “They’ve been very instrumental in helping us keep our operation going,” said Allied chief executive officer Dave Slifka. (Ryan Bentley/News-Review)
Deciding how the community will share in Little Traverse Bay Bands of Odawa Indians casino proceeds is not a game of chance.
Under its gaming compact with Michigan, the Odawa tribe is required to provide 2 percent of electronic gaming receipts from its Petoskey casino to nearby communities. The Local Revenue Sharing Board, a three-member appointed panel, is responsible for choosing specifically what projects and resources will receive support, reviewing grant applications twice yearly to decide which requests merit awards.
“We’re servants of the public,” said revenue board chairman Les Atchison. “We’re trying to do the best we can in our judgment to see that the money is put to best use. Frankly, we welcome the suggestions of those who appoint us.”
From its inception in 2000 through the end of 2006, the board awarded about $6 million in grants funded with casino proceeds. Since the tribe’s casino site is in federal trust status and not subject to property taxes, the board paid an additional $540,000 to local governments during those years to make up for tax revenue they would have received if the property was on the tax rolls.
Turtle Talk 