HomePublicationsNewsletter ArchiveVolume 19Issue 12Sixth Circuit Court of Appeals Expedites Proposed Lansing Casino Appeal

Last week, the United States Court of Appeals for the Sixth Circuit entered an Order setting an expedited briefing schedule in the Sault Ste. Marie Tribe of Chippewa Indians’ (“Sault Tribe”) appeal of a preliminary injunction issued by the U.S. District Court for the Western District of Michigan on March 5, 2013. The Order effectively froze any further meaningful development in the Sault Tribe’s plans to open a casino in downtown Lansing.  The Sault Tribe is required to file its appellate brief by May 16, 2013, while the State of Michigan, which opposes the Lansing casino plans, must file its appellate brief by June 17, 2013.  Following the submission of briefs, the Court will likely entertain oral arguments in the matter.

The Sault Tribe is seeking to reverse the District Court’s decision to issue a preliminary injunction that prohibits the Tribe from applying to have certain parcels of property in Lansing taken into trust by the U.S. Secretary of the Interior unless and until the Sault Tribe obtains written revenue sharing agreements with the other federally-recognized Indian Tribes in Michigan. Having the subject land taken into trust is one of the required steps that a Native American tribe must take in order to open a casino pursuant to the federal Indian Gaming Regulatory Act. 

The Sault Tribe is proposing to invest $245 million in building and operating the 125,000 square foot Kewadin Lansing Casino, which is to be located at Michigan Avenue and Cedar Street in downtown Lansing.

 

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