The Ho-Chunk Nation is putting the finishing touches on an expansion at its gaming facility in Wittenberg, Wisconsin. Photo: Ho-Chunk Gaming Wittenberg

Litigation | Openings & Closings

Stockbridge-Munsee Community plans appeal in dispute over rival gaming project

Monday, October 30, 2017

The Stockbridge-Munsee Community is planning to appeal a federal judge's decision that favors a rival tribe's casino expansion project in Wisconsin.

Stockbridge-Munsee President Shannon Holsey said the judge made the wrong call by dismissing the Ho-Chunk Nation from its lawsuit. She said the ruling goes against the Indian Gaming Regulatory Act by imposing a six-year deadline on legal challenges.

“This is outrageous, and should concern every single tribal nation," Holsey said in a press release. "This ruling, if allowed to stand, has dramatically reshaped the letter and intention of IGRA, permitting illegal gaming so long as you’re patient enough to wait out some arbitrary clock.”

The Ho-Chunk Nation opened its casino in Wittenberg in 2008. According to Judge James Peterson's October 25 ruling, any challenges should have been filed by 2014.

But the Stockbridge-Munsee Community didn't learn about the details of the Wittenberg expansion plan until 2016, the tribe said in its press release. The expansion, which cost $41 million, is slated to debut on Wednesday.

"November 1 is fast-approaching. Join us for a Ribbon Cutting Ceremony at 5pm and see more progress," a post on the Wittenberg casino's Facebook page reads.

The Stockbridge-Munsees operate the North Star Casino Resort in Bowler, about 16 miles from Wittenberg. The Ho-Chunk expansion will draw business away from North Star, Stockbridge-Munsee leaders fear.

“The sanctity of tribal gaming in Wisconsin, and arguably the entire country, demands that the state of Wisconsin do the right thing and allow this dispute to be fully litigated,” Holsey said.

The Stockbridge-Munsee Community also sued the state of Wisconsin but those claims have not yet been fully resolved.

Turtle Talk has posted documents from the case, Stockbridge-Munsee Community v. State of Wisconsin.

Read More on the Story:
Stockbridge-Munsee call casino decision 'outrageous,' vow to appeal (The Wisconsin State Journal October 27, 2017)