Here are the materials in Kalispel Tribe of Indians v. Dept. of Interior (E.D. Wash.):
We posted the complaint here.
Indian gaming
Federal Judge Issues Final Judgment for Town of Aquinnah on Remand from First Circuit
Here are the materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):
181 Town Motion for Final Judgment
Readers might recall that the circuit instructed the district court to “ent[er] judgment in favor of the Tribe” (link to panel materials here). Here is the district court’s answer to that order:
In summary, the Tribe could have appealed those portions of the judgment that provided that it must comply with state and local permitting and other regulatory requirements. Instead, it only appealed those portions addressing gaming issues. An amended final judgment in favor of the Tribe as to the gaming issues is of course required. The remainder of the judgment, however, will be reinstated in substance. If the Tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.
Texas Prevails in Suit against Ysleta del Sur Pueblo over Bingo
Here is the order granting Texas’ motion for summary judgment in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):
Briefs are here.
Texas Federal Court Grants Texas/AG Summary Judgment against Ysleta del Sur Pueblo Counterclaims
Here are updated materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):
83 Tribe Motion to Dismiss First Amended Complaint
97 Texas Motion to Dismiss Counterclaims
121 First Amended Counterclaims
146 Texas Motion for Summary Judgment
147 Texas AG Motion for Summary Judgment
Reflecting On 30 Years of IGRA
You are cordially invited to join the National Indian Gaming Commission as the agency reflects on 30 years of the Indian Gaming Regulatory Act.
NIGC Leadership will share remarks, have an open Q&A session with the public, & host a panel discussion with former NIGC Chairs.
Due to space limitations please RSVP as soon as possible. Please RSVP intent to attend via email with full names of attendees, organization & form of attendance (in-person or virtually) to Rita Homa at Rita_Homa@nigc.gov no later than Monday, October 1st, 2018.
Where: NIGC Headquarters, 90 K Street, N.E., Suite 200,
Washington, D.C. 20002 or virtually
When: Tuesday, October 16th, 2018
Time: 2:30-4:30 p.m.
Ninth Circuit Rejects Appeal of Individual Picayune Rancheria Members
Texas Federal Court Refuses to Enjoin Ysleta del Sur Pueblo Bingo
Here are the materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):
Alabama Supreme Court Rejects Tribal Immunity Defense in Two of Three Cases against Poarch Band Creek
Here are the opinions:
Briefs:
We posted some briefs on the Rape case here. Additional materials here:
Briefs:
California COA Affirms $49M Judgment in Inter-Tribal Contract Dispute
Here is the opinion in Yavapai-Apache Nation v. La Posta Band of Diegueno Mission Indians:
Yavapai-Apache Nation v La Posta Band
Briefs:
Yavapai-Apache Nation Reply Brief
Yavapai-Apache Nation Response Brief
An excerpt:
This appeal arises from a contract dispute between two Indian tribes: Yavapai Apache Nation (YAN) and La Posta Band of Diegueno Mission Indians (La Posta). YAN is an Arizona-based tribe with about 2,400 members, and La Posta is a California based tribe with about 15 adult members. In the parties’ contract, La Posta promised to repay more than $23 million to YAN for funds borrowed to develop a casino that later proved unsuccessful. The parties waived sovereign immunity in their contract.
***
In the final judgment, the superior court awarded YAN $48,893,407.97 on its contract claim, and entered judgment against La Posta on its declaratory relief claim based on the court’s finding this claim was not ripe. Both parties filed appeals from this judgment. For the reasons explained, we find no reversible error and affirm the judgment in its entirety.
Spokane County Sues to Stop Spokane Tribe Casino
Here is the complaint in Spokane County v. Dept. of Interior (E.D. Wash.):
An excerpt:
Spokane County, Washington (“County”) brings this action seeking review of and relief from a June 15, 2015 decision by the Department of the Interior (“Department”) approving a proposal by the Spokane Tribe of Indians to build its third casino directly below Fairchild Air Force Base’s (“Fairchild AFB”) VFR traffic pattern for Fairchild’s primary runway. The Department’s determination that this casino will not be detrimental to the surrounding community violates federal statutes governing such decisions, overrides the opposition of the vast majority of officials elected to represent the interests of the surrounding community, is belied by the record evidence and long-standing agency policy, and defies basic common sense.
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