The U.S. Supreme Court today agreed to hear a case that affects the casino owned by the Match-E-Be-Nash-She-Wish Band of
Potawatomi Indians of Michigan, also known as the Gun Lake Tribe.
The tribe opened the Gun Lake Casino on February
11. That was just a couple of weeks after the D.C. Circuit Court of
Appeals revived a lawsuit that challenges the trust status of the gaming
site.
The DC Circuit said David Patchak, a non-Indian, can sue the Bureau of Indian Affairs for
approving the tribe's land-into-trust application. Patchak hopes to show that
the tribe wasn't "under federal jurisdiction" in 1934 -- the tribe gained
federal recognition in 2000.
The tribe and the Department of Justice are asking the high court to overturn the decision.
A negative outcome could force the tribe to go through the lengthy land-into-trust process all over again.
The petitions in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Salazar v. Patchak were granted by the court in an
order list today.
A date for oral arguments hasn't been set.
DC Circuit Decision:
Patchak
v. Salazar (January 21, 2011)
Related Stories:
Gun Lake Tribe wants Supreme Court to hear gaming site dispute (8/11)
Turtle Talk:
Commentary on DC Circuit decision on land-into-trust (1/31)
Gun Lake Tribe won't let litigation delay
opening of gaming facility (1/27)
Land-into-trust issues cloud gaming plans
for at least two tribes (1/25)
Litigation
Supreme Court agrees to review Gun Lake casino site case
Monday, December 12, 2011
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