Here is the opinion in In re A.R.:
North Carolina Court of Appeals
N.C. SCT Opposition Brief in Eastern Band Cherokee Tribal Court Jurisdiction Case
Petition for Review Filed with N.Carolina SCT in Cherokee Tribal Court Jurisdiction Matter
Here is the petition in Carden v. Owle Construction, LLC:
Petition for Discretionary Review
Lower court materials here. An earlier incarnation of the case, here.
N.C. Appellate Court Affirms Dismissal of Tort Suit against EBCI
We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.
Here are the materials in Cardeon v. Owle Constr. II:
N.C. COA Decides Case Involving Membership in State Commission on Indian Affairs
Here are the materials in Meherrin Tribe of N. Carolina v. N. Carolina State Commission on Indian Affairs (N.C. App.):
North Carolina Appellate Court Rejects Separation of Powers Challenge to Governor’s Authority to Negotiate Indian Gaming Compacts
Here are the materials in McCracken & Amick v. Perdue (N.C. App.):
Previous case involving same parties is posted here.
N.C. Appellate Court Affirms Transfer of Civil Claims against Tribal Casino to Tribal Court
Here are the materials in Carden v. Owle Construction:
Owle Construction Appellee Brief
N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact
Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.
An excerpt:
The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs:
Materials in North Carolina Gaming Case
Here are the State’s briefs at least in McCracken and Amick, Inc. v. Perdue, the appeal of a trial judge’s decision in North Carolina finding it unconstitutional under state law for the State to enter into gaming compacts with tribes but not with other citizens of the State. The lower court opinion is here.
Challenge to N.C. Video Poker Ban Heard in State Appellate Court
This case involved, if I recall correctly, a sort-of equal protection challenge to a state video poker ban in North Carolina on grounds that the N.C. tribes have gaming compacts, etc. Lower court opinion here.
Appeals court judges hearing arguments Wednesday on the legality of North Carolina’s video poker ban sounded wary of negating the will of the General Assembly when it granted an exception to machines on the Cherokee Indian reservation.
Two of the three judges on the panel of the state Court of Appeals, which considered a Wake County judge’s ruling earlier this year that overturned the 2006 law, peppered an attorney for an amusement machine vendor with questions about why it should step into a legislative policy question.
Video poker machines could be permitted again in all 100 counties should the lower court keep the ruling in place.
“I always thought that the Legislature set public policy,” Judge Robert Hunter of Marion asked Hugh Stevens, representing vendor McCracken and Amick Inc., which sued over the ban. “You seem to argue that this is somehow contrary to the public policy of the state.” Continue reading
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