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US Supreme Court Refuses to Hear Appeal over Casino Lawsuit

12 January 2005
The decision lets stand an appeal court ruling that nixed the deal and upheld the power of governors to approve off-reservation casinos under the federal Indian Gaming Regulatory Act.

The Red Cliff, Lac Courte Oreilles and Mole Lake Chippewa bands filed lawsuit to challenge that authority, after governor Scott McCallum refused to sign off on a project in 2001 to turn St. Croix Meadows greyhound racing track, which was in financial troubles, into a casino.

According to the federal law, the US interior secretary can approve off-reservation gambling but the state governor must agree as well. Former governor McCallum refused because he was against casino expansion in Wisconsin. The reason the US Supreme Court declined to hear the case remained unknown.

According to Governor Jim Doyle’s spokeswoman, the governor will review any efforts by the tribe to restore the deal, if it reached his desk, a process that could take years.

These American Indian tribes have spent more than ten years trying to turn the dog track into a casino, an effort marked by a series of court challenges and controversy.

Back in 1994, part of the deal was that if the project came to completion, the tribes would have to pay the city of Hudson and St. Croix County for various services. However, the city council opted to oppose and that is what led to US Interior Department to turn down the application.

In the mean time, the tribe filed a $175 million lawsuit against the city for opposing the project. The two sides settled that dispute after the city agreed to take no position as the Interior Department reconsidered the project, which it approved.

After McCallum turned down the project, the tribes went to court. They challenge the provision of the federal law that requires the governor’s approval to establish a casino on off-reservation land, claiming that it gives the governor too much power.
But the 7th District Court of Appeals in Chicago ruled last year the provision does not transfer control of the execution of federal law to state governors, as the tribes argued.

OCN Staff
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