MARQUETTE, MI – (Great Lakes Radio News) – Attorney General Bill Schuette says the U.S. Supreme Court has decided to hear arguments this fall regarding his appeal of a ruling by the 6th Circuit Court of Appeals that halted Michigan’s legal challenge to the Bay Mills Indian Community’s casino in Northern Michigan.
Schuette says ruling sets the stage for discussion about the states’ ability to halt the unrestrained expansion of off-reservation tribal casino gambling.
In December 2010 the State of Michigan filed suit against the Bay Mills Indian Community challenging their 84 slot machine casino in Vanderbilt, north of Gaylord, arguing that Bay Mills violated the tribal-state compact and that the tribe violated state law by opening the casino without proper approvals.
U.S. District Court Judge Paul Maloney issued a preliminary injunction on March 29, 2011 ordering the casino closed pending the outcome of the lawsuit.
The tribe appealed, and on August 15, 2012 the Court of Appeals reversed the trial court decision, declaring that the district court did not have jurisdiction under the Indian Gaming Regulatory Act and that the tribe had sovereign immunity.
Schuette sought U.S. Supreme Court review last October.
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