Litigation

City plans appeal after losing Fond du Lac Band casino case

Tuesday, January 15, 2013

The mayor of Duluth, Minnesota said the city will ask the 8th Circuit Court of Appeals to rehear a gaming dispute with the Fond du Lac Band of Lake Superior Chippewa Indians.

The city says 1994 agreement that requires the tribe to share 19 percent of slot machine revenues from the Fond-du-Luth Casino remains valid. But the 8th Circuit, in a unanimous decision by a panel of three judges, disagreed and said the tribe no longer had to make payments.

“Obviously, we are quite pleased with the ruling,” Chairwoman Karen Diver told The Duluth News Tribune.

Mayor Don Ness, on the other hand, called the decision "devastating." The city has received about $80 million from the tribe and plans to ask a full panel of the 8th Circuit to hear the case again.

Get the Story:
Appeals court reverses Duluth's $12 million victory over casino (The Duluth News Tribune 1/15)
Duluth loses casino appeal (The Minneapolis Star Tribune 1/15)
Court sides with tribe on casino revenue-sharing dispute (Minnesota Public Radio 1/14)
Casino Contract Between City and Tribe Void, Court Rules (KDAL 1/14)

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