Indian Gaming

After losing its lawsuit against the Fond du Lac Band of Lake Superior Chippewa Indians, the city of Duluth, Minnesota, is now going after the National Indian Gaming Commission.

The tribe shared 19 percent of gross revenues from the Fond-du-Luth Casino with the city for 25 years. The tribe stopped payments in 2009 and the NIGC issued a notice of violation to the tribe in 2011, saying that the revenue-sharing arrangement violated the Indian Gaming Regulatory Act.

The city had already sued the tribe to force resumption of the payments but the 8th Circuit Court of Appeals in January ruled that the agreement was illegal. The full court refused to rehear the case so the city is now hoping to keep the dispute alive by suing the NIGC over the notice of violation.

“To date, the District Court, the Court of Appeals, and the full roster of the 8th Circuit Court of Appeals — unanimous by 16 judges — have failed to note any error on the part of the National Indian Gaming Commission’s actions in upholding the Indian Gaming Regulatory Act in its handling of the Fond-du-Luth case,” Fond du Lac Chairwoman Karen Diver told The Duluth News Tribune in response to the new lawsuit. “That seems to not be a good track record for continued further legal action.”

Turtle Talk has posted the complaint in the case, Duluth v. National Indian Gaming Commission.

Get the Story:
City of Duluth sues National Indian Gaming Commission (The Duluth News Tribune 2/28)
Duluth sues feds over casino revenue (Minnesota Public Radio 2/27)
City Sues Federal Government Over Fond du Luth Casino (Northland's News Center 2/27)

8th Circuit Decision:
City of Duluth v. Fond Du Lac Band (January 14, 2013)

Related Stories:
8th Circuit won't rehear Fond du Lac Band gaming deal dispute (02/21)