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
As referenced in a prior post about the Wisconsin Legislature’s ploy to balance its budget with the theoretical proceeds of a successful lawsuit against the Ho-Chunk Nation, here is the March 9, 2007 order in the case granting partial summary judgment to the Nation: March 9, 2007 Order
Don’t think Wisconsin’s suit is a guaranteed win….
From the Houston Chronicle: “In a move described as questionable and a potential time bomb, the state’s budget balances on a gamble it will win a court case against the Ho-Chunk Nation.”If the state loses, a $72 million hole could be blown into Wisconsin’s budget.
“Passed just a week ago, the budget assumes that a court will order the Ho-Chunk to make payments to the state that the tribe says it does not owe. The state Department of Administration estimates the tribe will owe about $72 million in fees under its gambling compact by June 30, 2009.
“But a lawsuit over the money is pending in federal court and there are no guarantees that the state will win, get as much as it is seeking, or that payment will be received during the current budget cycle.
“I would consider this a potential time bomb inside the budget,” said Sen. Robert Cowles, R-Green Bay. He questioned assistant Department of Administration Secretary Dan Schoof about the case during a hearing Wednesday related to a state audit of casino payments.”
Seems like a stretch to balance a government budget with the anticipation of winning a lawsuit, given the uncertainties of litigation. Michigan just passed its budget. One wonders if the Legislature counted the revenues it might win in the Keno case.
Turtle Talk 