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City submits appeal in gaming dispute with Fond du Lac Band

Tuesday, June 2, 2015


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The city of Duluth, Minnesota, is appealing yet another ruling in a long-running gaming dispute with the Fond du Lac Band of Lake Superior Chippewa Indians.

The city sued the National Indian Gaming Commission for invalidating a revenue-sharing agreement that covered the Fond-du-Luth Casino. In April, Judge Colleen Kollar-Kotelly of the federal court in Washington, D.C., concluded that the agency acted legally when it issued a notice of violation under the Indian Gaming Regulatory Act.

The city is now asking the D.C. Circuit Court of Appeals to overturn the decision. The notice was just filed last week so it could take several months before the case is heard.


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The city previously sued the tribe in federal court in Minnesota. Like the judge in D.C., the 8th Circuit Court of Appeals also concluded that the agreement violated IGRA.

The city did not appeal to the U.S. Supreme Court. Subsequently, the 8th Circuit ruled that the tribe did not owe an additional $12 million under the revenue-sharing agreement.

The tribe paid $75 million to the city before the agreement was revoked.

Get the Story:
FDL Chairwoman: "Duluth is undermining any potential of a future relationship with band." (NNCNOW.com 6/1)
Duluth Asks DC Circ. To Review Indian Casino Revenue Deal (Law360 5/28)

D.C. Federal Court Decision:
Duluth v. National Indian Gaming Commission (March 31, 2015)

8th Circuit Decision:
Duluth v. Fond Du Lac Band of Lake Superior Chippewa (May 8, 2015)

Prior 8th Circuit Decision:
City of Duluth v. Fond Du Lac Band (January 14, 2013) Related Stories:
Mayoral candidate embraces Fond du Lac Band urban casino (05/19)
Fond du Lac Band prevails again in long-running casino case (05/08)
Fond du Lac Band spars with city over services for urban casino (04/15)
Fond du Lac Band faces more court battles with city over casino (04/02)
City loses yet another ruling in Fond du Lac Band casino dispute (4/1)
Fond du Lac Band plans to spend $5.5M on casino renovations (3/23)
Fond du Lac Band to spend $3M on more modern look at casino (02/23)
Fond du Lac Band wins ruling affecting land adjacent to casino (12/24)
8th Circuit hears arguments in Fond du Lac Band casino suit (11/13)