Nebraska v. Dept. of Interior Materials

This is the suit challenging the Ponca Tribe’s casino in Iowa. The US had filed a motion to dismiss on standing grounds, and other grounds.

us-motion-to-dismiss-neb-complaint

nebraska-response-brief

us-reply-brief-to-nebraska

CECGAC v. Hogen — Motion for Contempt Filed

CECGAC wants the National Indian Gaming Commission chairman held in contempt for not acting to shut down the Seneca casino in Buffalo (h/t Indianz).

Here is the motion: cegcac-contempt-motion

Here is the August order requiring the Chairman to take enforcement action: dct-august-order

And here are links to all the materials (here and here and here)

Catskill Development v. Park Place Entertainment — Gaming Development Dispute

The Second Circuit affirmed the dismissal of tortious interference with contract claims relating to a failed casino venture with the St. Regis Mohawk Tribe.

catskill-development-v-park-place-ca2-opinion

A related $3 Billion tribal court judgment is pending (materials here).

St. Croix Band v. Kempthorne Materials

Here are many of the pleadings in the St. Croix Band v. Kempthorne case reported earlier today (opinion).

st-croix-amended-complaint

us-motion-to-dismiss-st-croix-complaint

st-croix-opposition-to-govt-motion-to-dismiss

govt-reply-brief

st-croix-supplemental-memorandum

govt-response-to-supplemental-memorandum

dct-order-denying-preliminary-injunction

Federal Courts Holds Artman Guidance NOT Reviewable

In St. Croix Band of Chippewa Indians v. Kempthorne, the District Court for the District of Columbia dismissed St. Croix’s challenge to the Secretary’s authority to refuse to take off-reservation land into trust. The court found that the Artman Guidance letter is not final agency approval.

dct-order-of-dismissal-st-croix

Challenge to Cowlitz Casino Dismissed

As Indianz reported, the City of Vancouver’s challenge to the proposed Cowlitz casino, City of Vancouver v. Hogen, has been dismissed on Article III standing grounds in the Western District of Washington. The court likened the City’s injury in fact to a game of chance. 🙂 Here are the materials:

dct-order-vancouver-v-hogen

us-motion-to-dismiss

vancouver-motion-for-summary-judgment

Contract Claim Against Tonkawa Dismissed

The district court dismissed a simply contract claim, brought against the Tonkawa Tribe on the theory that IGRA offered a general cause of action.

tonkawa-motion-to-dismiss

dct-order-on-dismissal

GR Press Editorial Against IGRA

The editors complain about everything, and then assert whole states and localities should be allowed to vote on whether Indian gaming can come to the community. But the first two comments on the website have powerful responses.

Here it is.

Sac and Fox Nation v. DOI Materials

Here are the materials in the most recent order from the district court in this long-running case (H/T Indianz).

dct-order-on-motion-to-vacate-2001-decision

govt-motion-to-dismiss

sac-and-fox-opposition-brief

govt-reply-brief

DCT Opinion

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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