Litigation | NIGC

City seeking to reinstate Fond du Lac Band gaming agreement

Thursday, May 8, 2014

The Fond-du-Luth Casino. Photo from Fond du Lac Band

Officials in Duluth, Minnesota, are still trying to reinstate a gaming agreement with the Fond du Lac Band of Lake Superior Chippewa Indians.

The tribe was sharing 19 percent of gross revenues from the Fond-du-Luth Casino. The tribe stopped making payments in 2009 after sending $75 million to the city.

The city says revenue sharing agreements with other tribes have been upheld. So the city is suing the National Indian Gaming Commission in hopes of reviving the deal.

The NIGC invalidated the agreement in 2011, a decision upheld by the 8th Circuit Court of Appeals in January 2013. The plaintiff in that case was the tribe, not the NIGC.

The city's lawsuit against the NIGC is pending before the federal court in Washington, D.C., which falls under the D.C. Circuit. Based on the briefing schedule, a decision is many months away:

• Defendants' Cross Motion due by 8/8/2014.
• Response to Cross Motion due by 9/12/2014.
• Reply to Cross Motion due by 9/26/2014.
• Plaintiff's Summary Judgment motion due by 6/27/2014.
• Response to Motion for Summary Judgment due by 8/8/2014.
• Reply to Motion for Summary Judgment due by 9/12/2014.

Get the Story:
Duluth city officials feel new confidence in court battle over Fond du Luth casino revenue (Northland's News Center 5/7)

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