Litigation

Gun Lake Tribe heads to Supreme Court for casino dispute

Tuesday, December 13, 2011

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, also known as the Gun Lake Tribe, is headed to the U.S. Supreme Court next year.

The tribe wants the high court to overturn a decision that could affect the future of the Gun Lake Casino. At issue is whether a lawsuit against the Bureau of Indian Affairs can proceed.

“We appreciate the court’s willingness to hear our case,” Chairman D.K. Sprague told The Grand Rapids Press in a statement.

The BIA approved the tribe's land-into-trust application for 147 acres in May 2005. After lengthy litigation filed by anti-gaming interests, the land finally went into trust in January 2009.

In the interim, David Patchak, a non-Indian, sued the BIA for approving the application. A federal judge found that he lacked standing but the D.C. Circuit Court of Appeals revived the case shortly before the tribe opened the casino in February of this year.

Oral arguments are expected in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Salazar v. Patchak during the spring. A date hasn't been set.

Get the Story:
Supreme Court takes Wayland casino case (WOOD-TV 12/13)
Gun Lake Casino lawsuit before Supreme Court is 'incredibly high-stakes case,' says legal expert (The Grand Rapids Press 12/13)
Michigan Casino Clash Heads to Washington (Courthouse News Service 12/12)

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