Federal Cross-Motion for Summary Judgment in City of Duluth v. NIGC

Here:

26 US Cross Motion for Summary J

Also:

27-1 Fond du Lac Proposed Amicus Brief

The City’s motion is here.

Update in City of Duluth v. NIGC

Here is Duluth’s motion for summary judgment:

25 Duluth Motion for Summary J

Prior materials here.

Federal Court Declines to Dismiss City of Duluth v. NIGC on Standing Grounds

Here is the opinion in City of Duluth v. National Indian Gaming Commission (D. D.C.):

DCT order Denying NIGC Motion to Dismiss

Briefs are here:

Federal Motion to Dismiss

Duluth Opposition

Federal Reply

Complaint here.

Federal Reply Brief in City of Duluth v. NIC

Here:

Federal Reply

Earlier materials (complaint, MTD, and opposition) linked here.

Gov. Snyder Refuses to Concur with Interior on KBIC Off-Reservation Casino Application

Here, via Pechanga.

This is interesting:

Governor Snyder did state that he was open to relocation as part of a broader agreement between the tribe and the state. Potential points for such an agreement include:

·         Allowing local governments to have some say in the disposition of the 2 percent local casino revenue sharing payments

·         The tribe entering into an agreement requiring the tribal businesses to collect tax on transactions with non-Native Americans

·         Working out a revised revenue sharing agreement so the tribe would continue to make some level of payments to the state, even if future gaming competition develops elsewhere in the state.  Currently, the KBIC is the only tribe with gaming operations in the state that has an agreement that would stop revenue payments if state-authorized gaming was expanded in Michigan.

In a two-part determination, which allows the governor to concur or not, these points are irrelevant. However, in a compact negotiation, these points appear to put KBIC in a very strong negotiating position in that the governor’s demands appear to violate IGRA’s requirement that the governor negotiate in good faith. Asking for more revenue sharing without any meaningful economic concessions, and demanding tribal tax collection, and demanding the institution of a local revenue sharing board — way overboard, in my view. Will be interesting to see what KB does — go with the Secretarial procedures, or simply sue the governor under the 1993 compacts and litigate good faith.

City of Duluth’s Opposition to NIGC Motion to Dismiss Suit over Fond du Lac Casino Revenues

Here:

Duluth Opposition

The MTD is here.

The complaint is here.

City of Duluth v. National Indian Gaming Commission — Federal Motion to Dismiss

Here:

Federal Motion to Dismiss

Complaint here.

City of Duluth Sues National Indian Gaming Commission over Fond du Lac Casino Revenues

Here is the complaint in City of Duluth v. National Indian Gaming Commission (D. D.C.):

City of Duluth Complaint

News coverage here.

Dean Leeds Joins Former NY Chief Justice and Cuomo Donor on Arbitration Panel to Resolve Dispute over Seneca Revenue Sharing ($460M at Stake Now)

Here is the news coverage, via Pechanga.

Interior Issues Two New Gaming Decisions

Here is the decision declining to act on the Class III compact between Graton Rancheria and the State of California:

State Graton 13 July 2012

Here is the decision opining on aspects of the compact negotiations between the Pascua Yaqui Tribe and the State of Arizona:

PascuaYaqui 6 15 12 ltr