Master of Jurisprudence in Indian Law - University of Tulsa College of Law
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Litigation
Non-Indian behind Gun Lake casino challenge applauds decision


The non-Indian behind the U.S. Supreme Court decision in Salazar v. Patchak is ready to prove his case in court, an attorney said.

David Patchak sued the Interior Department for approving a land-into-trust application for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe. Among other claims, he says the tribe can't follow the land-into-trust process because it wasn't "under federal jurisdiction" in 1934.

"We believe that once Mr. Patchak has his day in court, he will be vindicated," attorney Matthew T. Nelson said in a statement, MLive reported. "The government violated federal law by taking land into trust so the Gun Lake Band could operate a casino in Wayland.”

Patchak, who is being backed by unknown benefactors, raised the 1934 issue before the Supreme Court issued its decision in Carcieri v. Salazar. But since the justices revived his lawsuit, he can raise it again even though the tribe's land-into-trust application was already finalized.

Get the Story:
Supreme Court action in Patchak case could mean many more years of litigation for Gun Lake Casino (MLIve 6/18)
U.S. Supreme Court allows lawsuit to move foward on Gun Lake Casino (Michigan Radio 6/18)
Gun Lake Casino operations will be unaffected by Supreme Court decision, tribal leader says (Advance Newspapers 6/19)
Supreme Court decision on Gun Lake Casino lawsuit reaches far beyond Michigan (MLive 6/19)
Supreme Court: Suit over Gun Lake Tribe casino can move forward (The Detroit Free Press 6/19)
Native American casino lawsuit allowed to proceed (The Las Vegas Review-Journal 6/19)
U.S. Supreme Court rules suit can proceed against Gun Lake Casino (WKZO 6/19)

Supreme Court Decision:
Salazar v. Patchak (June 18, 2012)

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

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

Related Stories:
Gun Lake Tribe: Business as usual despite Supreme Court ruling (6/18)