Omaha Tribe wants Supreme Court to hear casino dispute

Monday, October 24, 2011  

The Omaha Tribe of Nebraska is asking the U.S. Supreme Court to hear a casino contract dispute.

The tribe entered into 11 contracts with StoreVisions, a non-Indian company, to perform work on a casino, racetrack and other facilities. The tribe's chairman and vice chairman reportedly signed a waiver of sovereign immunity as part of the arrangement.

StoreVisions filed suit in state court, alleging violations of the contracts. The tribe responded that it couldn't be sued, arguing that the waiver signed by the chairman and vice chairman was invalid because it wasn't approved by the entire council.

The Nebraska Supreme Court, however, disagreed and said the waiver was valid because a majority of the tribal council was present when it was signed. The tribe's constitution is silent on the issue so the court said the company should be able to rely on the actions of the chairman and vice chairman.

"There are four tribes in Nebraska now that have to worry about what individual tribal officials are doing behind their back," attorney Ben Thompson told the Associated Press.

The petition in Omaha Tribe v. StoreVisions was filed on Friday, Turtle Talk reported.

Get the Story:
Omaha Tribe seeks review of suit (AP 10/23)

Nebraska Supreme Court Decision:
StoreVisions v. Omaha Tribe (March 25, 2011)
Supplemental (July 22, 2011)

Related Stories:
Nebraska court rules Omaha Tribe can be sued for casino work (3/25)