Here:
26 US Cross Motion for Summary J
Also:
27-1 Fond du Lac Proposed Amicus Brief
The City’s motion is here.
Here:
26 US Cross Motion for Summary J
Also:
27-1 Fond du Lac Proposed Amicus Brief
The City’s motion is here.
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:
Complaint here.
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.
Here is the complaint in City of Duluth v. National Indian Gaming Commission (D. D.C.):
News coverage here.
Here is the news coverage, via Pechanga.
Here is the decision declining to act on the Class III compact between Graton Rancheria and the State of California:
Here is the decision opining on aspects of the compact negotiations between the Pascua Yaqui Tribe and the State of Arizona:
You must be logged in to post a comment.