The Gun Lake Casino in Wayland, Michigan. Photo from Google+
S.1603, the Gun Lake Trust Land Reaffirmation Act, became law last week, shielding the casino owned by the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians from ongoing and future litigation. But an attorney for the non-Indian man who filed the lawsuit that spurred the legislation doesn't seem to have noticed. David Patchak, who lives three miles from the Gun Lake Casino, will be returning to court even though he faces a dismissal of his case. “The litigation is still ongoing,” attorney Sharon Eubanks of Edwards Kirby, a firm started by former Sen. John Edwards (D-North Carolina), told The Grand Rapids Press. “We will address our legal and factual arguments to the court.” Eubanks is technically correct -- Patchak's case remains on the docket of the federal district court in Washington, D.C. But the new law makes clear what must happen to the suit -- it "shall be promptly dismissed." “I don’t know how to get around that problem if you were the plaintiff," law professor Matthew Fletcher told the Press. Summary judgment briefs are due October 31 so the case is in its final stages. Patchak has made it clear that he wants a monetary settlement so he could pursue further appeals if Judge Richard J. Leon dismisses his suit. The casino opened in February 2011 and has created more than 1,000 jobs and has generated revenues for the local community. The new law confirms the trust status of the site. Get the Story:
With stroke of Obama's pen, threat of closure at Gun Lake Casino finally ends (The Grand Rapids Press 10/2) House Debate on S.1603, the Gun Lake Trust Land Reaffirmation Act:
Supreme Court Decisions:
Salazar v. Patchak | Carcieri v. Salazar Supreme Court Oral Argument in Salazar v. Patchak:
Supreme Court Oral Argument in Carcieri v. Salazar:
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