7th Circuit keeps Ho-Chunk compact dispute alive

The 7th Circuit Court of Appeals on Monday said the state of Wisconsin can continue to litigate against the Ho-Chunk Nation over a disputed Class III gaming compact.

The state and the tribe signed an open-ended compact for expanded Class III games. The tribe agreed to share revenues with the state -- about $30 million a year.

But the tribe withheld the payments after the state Supreme Court, in another case involving the Forest County Potawatomi Tribe, invalidated key provisions of the compact. The tribe stopped offering the expanded Class III games.

The state filed a lawsuit, claiming the tribe owes about $72 million. The tribe raised a sovereign immunity defense, which the 7th Circuit rejected, citing a provision in the compact.

The 7th Circuit sent the dispute back to a federal judge to determine whether any of the state's claims can proceed [State of Wisconsin v. Ho-Chunk Nation]

Get the Story:
Casino case sent back again (The Milwaukee Journal-Sentinel 1/15)
State’s dispute with tribe over gambling payments continues (AP 1/14)