Supreme Court debates challenge to Gun Lake casino land

Wednesday, April 25, 2012  

The U.S. Supreme Court heard oral arguments in Salazar v. Patchak, a gaming land case, on Tuesday.

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, opened a casino in February 2011. The Gun Lake Casino is located on land taken into trust in January 2009.

In most situations, the status of the casino wouldn't be an issue since the land is already in trust. But the D.C. Circuit Court of Appeals said David Patchak, a non-Indian with no direct connection to the tribe or the casino, could sue over the land-into-trust application.

According to the oral argument of the transcript, at least three justices questioned whether Patchak filed his lawsuit in time. The Bureau of Indian Affairs gives opponents 30 days to challenge a land-into-trust application.

Patchak's attorney argued that his client sued within the standard six-year statute of limitations in litigation involving the federal government. If that position is adopted by the high court, land-into-trust applications that have been finalized by the BIA could face challenges long after the land is actually placed in trust.

The case is one of two Indian law cases heard by the Supreme Court this summer. Decisions in both cases are expected this summer.

Get the Story:
High court hears appeal of tribal casino lawsuit (AP 4/25)
Supreme Court justices question whether to allow lawsuit against Gun Lake Casino to move forward (West Michigan Business 4/24)

Oral Argument Transcript:
Salazar v. Patchak (April 23, 2012)

DC Circuit Decision:
Patchak v. Salazar (January 21, 2011)

Related Stories:
Supreme Court to hear Gun Lake Tribe gaming land dispute (4/24)