indian gaming regulatory act – Page 3

Flandreau Santee Sioux Prevails at Trial on State Tax of Non-Indian Gaming Contractors

October 23, 2020Matthew L.M. Fletcher

Here are the materials in Flandreau Santee Sioux Tribe v. Terwilliger (D.S.D.):

176 State Post Trial Brief

177 Tribe Post Trial Brief

186 Opinion and Order

On remand from the Eighth Circuit here.

New Mexico COA Certifies Tribal Gaming/Immunity Cases to New Mexico SCT

September 22, 2020Matthew L.M. Fletcher

Here is the order in Sipp v. Buffalo Thunder Inc.:

36924 and 38636 Certification Order (FINAL)

The question certified:

[W]hether the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 (2018), permits tribes and states to contract in Tribal-State Class III Gaming Compacts to shift jurisdiction over certain matters to state courts.

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

September 8, 2020September 8, 2020Matthew L.M. Fletcher

Here is the opinion in Jamul Action Committee v. Simermeyer.

Briefs here.

Ninth Circuit Rejects Two Challenges to North Fork Rancheria Gaming

May 27, 2020May 27, 2020Matthew L.M. Fletcher

Here is the opinion in Club One Casino, Inc. v. Bernhardt.

Briefs here.

And here is the opinion in Stand Up for California! v. Dept. of the Interior.

Briefs here.

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

May 26, 2020Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in Noem v. Flandreau Santee Sioux Tribe.

Cert Petition in Oklahoma Gaming Machines Tax Case

May 22, 2020July 23, 2020Matthew L.M. Fletcher

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief

Fort Sill Apache Loses Akela Flats Suit against NIGC

May 1, 2020Matthew L.M. Fletcher

Here is the order in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):

137 DCT Order

Materials here.

South Dakota Cert Petition in IGRA Preemption Case [updated with cert stage materials]

February 28, 2020May 5, 2020Matthew L.M. Fletcher

Here is the petition in Noem v. Flandreau Santee Sioux Tribe:

noem-v-flandreau-cert-petition.pdf

appendix-2.pdf

BIO

Question presented:

Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Lower court materials here.

Oklahoma SCT Holds Tax on Video Game Machines Used at Cherokee Casinos is Preempted by Federal Law

December 18, 2019Matthew L.M. Fletcher

Here is the opinion in Video Game Technologies v. Rogers County Board of Tax Roll Corrections.

Here is a related opinion involving machines at the Creek casinos, Video Game Technologies v. Tulsa County Board of Tax Roll Corrections.

Another Update in Fort Sill Apache Dispute with NIGC

December 3, 2019May 1, 2020Matthew L.M. Fletcher

Here are the new, new materials in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):