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GOOD NEWS!!!
US Supreme Court
High court won't stop Gun Lake lawsuit
Casino foe David Patchak to sue to close casino
WASHINGTON (AP) - The Supreme Court won't stop a lawsuit seeking to shut down a Native American casino in Michigan.
The high court on Monday upheld a lower court decision that would allow casino foe David Patchak to sue to shut the casino down. The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, opened a casino in Wayland Township, 20 miles south of Grand Rapids. Patchak challenged how the government placed the land in trust for the tribe, saying that the move was illegal because the tribe had not been recognized by the government in 1934 when the Indian Reorganization Act was passed. A federal judge dismissed his lawsuit but the high court in an 8-1 ruling decided it could move forward. Justice Sonia Sotomayor was the only dissent.
Following the ruling, representatives for each side issued statements.
"The Supreme Court clearly stated that this decision was not based on the merits. This is simply a procedural decision that has no impact on operations at Gun Lake Casino. The Casino will continue to operate, employee over 800 area residents, and provide millions of dollars to state and local governments," said Tribal Chairman D.K. Sprague.
"We are pleased that the U.S. Supreme Court has agreed that Mr. Patchak is entitled to his day in court," said Matthew T. Nelson, a partner and chair of the Appellate Law Group at Warner Norcross who argued the case before the U.S. Supreme Court. "We believe that once Mr. Patchak has his day in court, he will be vindicated. The government violated federal law by taking land into trust so the Gun Lake Band could operate a casino in Wayland."
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Tell Mr. Anderson about the Supreme Court ruling.
Need your calls and emails to oppose SB 162
FIRE UP YOUR PHONES!
Joel Anderson - 916-651-4036
Besides SB 162 which prohibits a state agency from opposing fee to trust application for the purpose of housing, environmental protection, or cultural preservation there is an earlier bill by Assembly member Wesley Chesbro. Assembly Member Chesbro's bill requires cooperation between state agencies and tribal governments. Mr. Chesbro's bill is less onerous, although equally unnecessary.
Oppose SB 162
Hearing Date: Possible June 6, MOST LIKELY June 20th
ACTION: As soon as you can, please start calling Joel Anderson's office. Let's try educating him first - flood his office with phone calls. It seems clear he doesn't understand the fee to trust process and the role of the State Agencies. In recent FFT Notices of Decision we have seen state legislators weighing in - supporting the fee to trust transaction of a tribe without reviewing the environmental documents, or visiting the location. Legislators have sent glowing letters of support never calculating the loss of property tax today or the potential revenue lost to the state should the property be commercially developed. For Legislators making the claim of being a fiscal conservative support for this legislation does not make sense.
Local government (usually counties) are responsible for ensuring that the natural resources of the regional areas are shared equitably. Often that requires coordinating with State Agencies. There is no requirement for a local enforceable mitigation agreements on trust lands acquired for non-gaming purposes.
Several tribes in years past and currently (Tule River), have stated the fee to trust acquisition was for economic development, housing, a grape orchard, a church, a soccer field, environmental protection or cultural preservation, land banking for the future and instead we got a casino or casino amenities.
Links to the bills and additional phone numbers:
www.jacjamul.com
http://jacjamul.com/governmentofficials
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Caltrans Response to JIV Environmental Evaluation available on the www.jacjamul.comwebsite. JAC needs your help to continue to keep the pressure on Caltrans. Find emails addresses and postal addresses at www.jacjamul.com for Caltrans San Diego, Caltrans Sacramento, SANDAG, and the Federal Highway Adminstration.
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No Casino! Not Now! Not Ever!
The fight is not over! | 
