Sandia Pueblo Cert Opposition in Hoffman Jackpot Case

Here: Sandia Cert Opp.

Petition and other materials here.

Pokagon Band Announces New Casino

From TV, via Pechanga:

A Michiana Indian tribe is ready to try and launch a ‘satellite.’

A satellite casino, that is.

The tribal owners of the Four Winds Casino in New Buffalo today voted to expand gaming operations by pursuing a satellite facility near Hartford.

Hartford is in Van Buren County and has its own exit off I-94. Hartford is about five miles north of Coloma, and 45-miles away from New Buffalo.

The Pokagon Band of Potawatomi Indians has had state permission to pursue the satellite project since October of 2008 when it renegotiated a gaming compact with Michigan.

The Hartford area casino would be much smaller than the Four Winds in New Buffalo.

Continue reading

Update on Carcieri Fix?

From How Appealing:

“Tribal-rights advocates seek ‘fix’ in Congress”: The Providence (R.I.) Journal today contains an article that begins, “Tribal-rights advocates came in force to Capitol Hill Tuesday to ask Congress to undo last year’s Supreme Court ruling that made it harder for Native Americans to set their own rules for the use of certain lands — including the Rhode Island parcel at issue in the decision.”

More at Indianz.

Split D.C. Circuit Reverses Mechoopda Fee to Trust Decision

Here.

Briefs are here.

H/T Indianz.

Oklahoma State Trial Court Has Honored Federal Injunction in Eastern Shawnee Case

Yesterday, July 2, according to Michael McBride. Here is the federal injunction at issue:

Judgment Confirming Arbitration Award in Favor of ESTOO 07-01.

Cert Petition on Hoffman v. Sandia Resort and Casino

Available here, on Mr. Hoffman’s website. here:

Hoffman petition

UPDATE: Incidentally, Hoffman’s attorney apparently is the same Paul Livingston who challenged the Santa Fe Indian Market all those years ago in Livingston v. Ewing, known to (according to an anonymous source) “rant[] in local right wingnut rags about abolishing Indian law.”

Lower court materials here. Local TV coverage here, via Pechanga.

Questions presented:

1. Whether the doctrine of tribal immunity properly bars claims that an Indian Casino cheated a non-Indian gambler by refusing to pay a slot machine jackpot?

2. Whether the “property damage” under the waiver of immunity in Section 8 of the Tribal Gaming Compact applies only to physical damage to property?

As you might suspect, I give this petition very little chance. I would doubt any response is necessary. There’s no split in authority and the case isn’t important on a national level. As for question 1, I am always suspicious of claims that Indian casinos have cheated gamblers because casinos LOVE IT when there’s a jackpot — it means that everyone and their brother is going to show up at that casino to replicate the magic. And question 2 is just patently frivolous.

NYTs on Shinnecock Recognition

From the NYTs:

There’s no irony or attitude at the Shinnecock Nation Cultural Center and Museum, just the whaling artifacts, the carved elk on the front door, the portraits and memorabilia of a people whose history on Long Island goes back thousands of years.

Still, only a deity with a perverse sense of humor could have written the story of the Shinnecocks, which entered a new era on Tuesday when a 32-year legal effort culminated in the formal federal recognition of the tribe.

You could start with the locale: how the bays and beaches the Shinnecocks and their ancestors fished and nurtured for millennia morphed into not just the Hamptons, but some of the richest and snootiest precincts there. That left the Shinnecocks strangers in their own land, a largely poor tribe of 1,200 with an 800-acre reservation tucked amid the lime-green slacks, the $36 lobster roll (Silver’s on Main Street) and the perma-tan, perma-thin habitués of this playground of the seriously rich.

Then there’s been the long legal dance and periodic skirmishes over the tribe’s nuclear option: its threat to build a casino on the reservation that could have turned the standard East End gridlock into a graveyard of permanently immobilized Lexuses, Range Rovers and BMWs.

And now, with the economy still in the tank and development hard to come by, the outsiders at the banquet are the ones holding all the chips. The courting and wooing for what could be one of New York State’s biggest economic projects in many years have been going on quietly for some time.

But the action begins in earnest next month, when, 30 days after the designation, the tribe can start taking official steps to build what could be New York’s answer to Connecticut’s mega-casinos.

Continue reading

Little River Compact Amendment Stalled in House

From the Muskegon Chronicle via Pechanga:

FRUITPORT TOWNSHIP — A month ago, a resolution by the state Legislature that would allow for a casino in Fruitport Township seemed to be destined for quick passage.

The resolution — allowing the Little River Band of Ottawa Indians to operate a casino at the former Great Lakes Downs racetrack site — has hit a snag in the state House of Representatives. A vote on the resolution has yet to be taken, a committee hearing concerning the resolution is planned for the coming weeks in Lansing and the House speaker — who is also a candidate for governor — is taking some heat from locals.

State Rep. Doug Bennett, D-Muskegon Township, and Fruitport Township Supervisor Brian Werschem are blaming House Speaker Andy Dillon, D-Redford, for the delay. Area lawmakers expect the resolution to pass if and when it reaches the House floor for a vote.

On the Senate side, Gerald Van Woerkom, R-Norton Shores, said he will not oppose the resolution.

Bennett said typically the speaker sends resolutions directly to the House floor for a vote rather than referring them to a committee.

“There’s nobody holding it up but the speaker,” Bennett said.

“Andy Dillon is intentionally stonewalling this project,” Werschem said.

Continue reading

Update on Tohono O’odham Nation Suit re: Off-Reservation Fee to Trust

Previous post with complaint here. The Gila River Indian Community has attempted to intervene in opposition to TON’s off-rez fee to trust application/suit.

Updated materials here:

USA Motion to Transfer

TON Opp to Motion to Transfer

DCT Order Denying Motion to Transfer

USA Response to TON Motion for Summary Judgment

City of Glendale Motion for Summary Judgment

Gila River Amicus Brief

Gila River Motion to Intervene

Gila River Proposed Opposition to TON Motion for Summary Judgment

Rojas Cardona v. Lac Vieux Desert Petition for Review in Ariz. Supreme Court

We posted materials on this case a while back, here and here.

Now there is a petition for review by the Arizona Supreme Court in this case, now captioned Rojas Cardona v. Superior Court (apparently, no written orders from either the Superior Court or the Court of Appeals):

Cardona Petition for Review

LVD Brief