8th Circuit hears arguments in Fond du Lac Band casino suit


The Fond-du-Luth Casino. Photo from Fond du Lac Band

The 8th Circuit Court of Appeals heard arguments on Wednesday in a gaming dispute between the Fond du Lac Band of Lake Superior Chippewa Indians and the city of Duluth, Minnesota.

The tribe had an agreement to share 19 percent of gross revenues from the Fond-du-Luth Casino. The tribe stopped making payments in 2009 after sending $75 million to the city.

The National Indian Gaming Commission invalidated the deal but that didn't happen until 2011. So a federal judge told the tribe to pay the city another $12 million for those two years, an issue that was heard by the 8th Circuit yesterday.

The 8th Circuit previously agreed that the deal was in fact invalid under the Indian Gaming Regulatory Act. The city did not appeal that ruling to the U.S. Supreme Court.

However, the city is suing the NIGC over its determination in the federal district court in Washington, D.C.. Briefing was completed in September but a decision hasn't been made.

Turtle Talk has posted documents from the second 8th Circuit case, City of Duluth v. Fond du Lac Band of Lake Superior Chippewa. Oral arguments can be found on the Indianz.Com SoundCloud.

Get the Story:
Duluth, Fond du Lac Band square off over downtown casino (Forum News Service 11/12)

Prior 8th Circuit Decision:
City of Duluth v. Fond Du Lac Band (January 14, 2013)

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MPR: City pushes for casino amid battle with Fond du Lac Band (08/19)
City seeking to reinstate Fond du Lac Band gaming agreement (05/08)

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