According to details posted at CalAccess, the California Secretary of State's lobbying and political campaign disclosures Web site; as of 5.12.08, Detroit-based Barwest LLC has finally revealed it is a California "lobbyist employer." Previously Barwest failed to report as a "lobbyist employer" even though it was making back-door payments to several Sacramento-based lobbying firms representing its casino gaming interests.
Barwest LLC, a company formed by Mrs. Marian Ilitch and casino syndicator Michael J. Malik, Sr., reports employing the Sacramento lobbying firm Governmental Advocates, Inc., to represent the company's California gaming interests.
Ilitch and Malik have previously proposed several failed casino schemes for Barstow, CA. In 2004, their original plans for a stand-alone casino failed to win approval from Governor Schwarzenegger; and then, another plan for a larger resort project with two side-by-side casinos failed to win support in the legislature during both 2006 & 2007.
Barwest's on-again/off-again gaming partner, the Los Coyotes Band of Cahuilla and Cupeno Indians, terminated its lobbying arrangement with Governmental Advocates in April. Last Fall, Los Coyotes' former chairwoman Katherine Siva Saubel terminated the tribe's partnership agreement with Barwest. In doing so, the widely respected Native American elder referred to Barwest's Mike Malik as "the devil."
It's understood that California Fair Political Practices Commission (FPPC) has an ongoing investigation into irregularities in the reporting of campaign contributions and lobbying expenses paid by Michael Malik, Barwest (Malik/Ilitch) and the Los Coyotes Band of Indians.
Among other things, irregularities in California campaign disclosure documents suggest Governmental Advocates, Inc., may have inappropriately been involved funneling funds from Barwest's Michael J. Malik, Sr., to several state legislators.
And, although Governmental Advocates received several hundred thousand dollars in back-door lobbying payments from Barwest in the past; neither the lobbying firm, Barwest or Malik have ever disclosed any formal lobbying engagement until last month.
San Francisco attorney Michael Yaki -- who claimed previously to represent the Los Coyotes Band of Indians, despite being paid for his services by Barwest LLC -- is now noted as the casino syndicator's legal counsel and lobbying agent according to the 5.12.08 lobbying disclosures.
Yaki was at the center of financial discrepancies reported in lobbying disclosure documents filed throughout 2006. In February 2007, Yaki was forced to amend the Los Coyotes tribe's entire 2006 lobbying disclosures. Yaki had significantly understated what were represented as the Los Coyotes tribe's payments to lobbyists.
In 2006, Barwest was fined by California's FPPC on two counts of failing in 2004 to disclose a $26,000 political campaign contribution.
Sunday, June 08, 2008
Los Coyotes tribe terminates second Sacramento lobbying firm
According to details posted at CalAccess, the California Secretary of State's lobbying and political campaign disclosures Web site, the Los Coyotes Band of Cahuilla and Cupeno Indians has (as of 4.30.08) terminated its engagement of the Sacramento lobbying firm Governmental Advocates, Inc.
The tribe also reports terminating San Francisco-based attorney Michael Yaki as its lobbying officer.
The tribe terminated its arrangement with another lobbying firm, Capitol Ventures, Roseville, last October (10.29.07). That's the firm former California legislator Keith Olberg formed specifically to represent the Los Coyote tribe's casino partner, Detroit-based Barwest.
Barwest was formed by Mrs. Marian Ilitch (owner of Detroit's MotorCity Casino and wife of Detroit Tigers and Red Wings owner Mike Ilitch) and casino syndicator Michael J. Malik, Sr.
The California Fair Political Practices Commission (FPPC) apparently has an ongoing investigation into irregularities in the reporting of campaign contributions and lobbying expenses paid by Michael Malik, Barwest (Malik/Ilitch) and the Los Coyotes Band of Indians.
During the last several legislative sessions, the lobbying firms failed to help Barwest and the Los Coyotes tribe advance bills to approve plans for their off-reservation casino in Barstow, CA.
The tribe also reports terminating San Francisco-based attorney Michael Yaki as its lobbying officer.
The tribe terminated its arrangement with another lobbying firm, Capitol Ventures, Roseville, last October (10.29.07). That's the firm former California legislator Keith Olberg formed specifically to represent the Los Coyote tribe's casino partner, Detroit-based Barwest.
Barwest was formed by Mrs. Marian Ilitch (owner of Detroit's MotorCity Casino and wife of Detroit Tigers and Red Wings owner Mike Ilitch) and casino syndicator Michael J. Malik, Sr.
The California Fair Political Practices Commission (FPPC) apparently has an ongoing investigation into irregularities in the reporting of campaign contributions and lobbying expenses paid by Michael Malik, Barwest (Malik/Ilitch) and the Los Coyotes Band of Indians.
During the last several legislative sessions, the lobbying firms failed to help Barwest and the Los Coyotes tribe advance bills to approve plans for their off-reservation casino in Barstow, CA.
Patton Boggs registers as D.C. lobbyist for Barwest; same casino syndicators under investigation in CA
Patton Boggs LLP, the number one lobbying firm in Washington D.C., has officially registered as lobbyist for the Los Coyotes Band of Cahuilla and Cupeno Indians and the tribe's partner Barwest, a casino company formed by Mrs. Marian Ilitch (wife of Detroit Tigers and Red Wings owner Mike Ilitch) and Michael J. Malik, Sr.
While Heather Sibbison and other Patton Boggs lobbyists have appeared before various government agencies on behalf of Barwest in the past, the firm hasn't previously registered as lobbyists for the casino syndicator or its tribal partner. Sibbison and Patton Boggs have represented other casino gaming partners tied to Malik and Ilitch.
For the first quarter of 2008, Barwest paid Patton Boggs $50,000, likely for services rendered to push forward plans by Barwest (Malik/Ilitch) and the Los Coyotes tribe to develop an off-reservation casino in Barstow, CA. The Los Coyotes tribe paid nothing to Patton Boggs for representation during the first quarter of 2008.
These recent disclosures represent the first time that any Washington, D.C., lobbying firm has officially reported an engagement with the Los Coyotes tribe. In the past, other lobbying firms have disclosed their representation of Barwest and Michael Malik on matters related to a proposed Los Coyotes off-reservation casino; but never the tribe.
Dating back to 2005, Barwest engaged the services of Wheat Government Relations, a D.C. firm founded by former Congressman Alan Wheat. While Wheat Government Relations remains registered as lobbyist for Barwest; however, the Wheat firm has reported "no activity" on behalf of Barwest for more than two years.
CALIFORNIA INVESTIGATION
The California Fair Political Practices Commission (FPPC) apparently has an ongoing investigation into irregularities in the reporting of campaign contributions and lobbying expenses paid by Mike Malik, Barwest (Malik/Ilitch) and the Los Coyotes Band of Indians.
In recent years, several California lobbying firms have registered as lobbyists for the Los Coyotes Band of Indians. Reports filed by the tribe and these lobbying firms indicate discrepancies in payments made and received. That's most likely because the tribe never actually made any direct payments to the lobbying firms.
Rather, the tribe's gaming partner, Barwest, has made hundreds of thousands of dollars in back-door payments to the California lobbying firms but Barwest (Mike Malik & Marian Ilitch) failed to register as a "lobbyist employer" and failed to make appropriate disclosures that would be required under California law.
Further, there are irregularities in California campaign disclosure documents that suggest one lobbying firm, Governmental Advocates, Inc., may have inappropriately been involved in funneling funds to candidates from Michael J. Malik, Sr. Although that firm has received payments from Barwest, neither the firm, Barwest or Malik have ever reported any formal lobbying engagement.
Several California legislators who may have inappropriately received funds from Malik via the lobbying firm (Senator Roy Ashburn, Assemblywoman Patty Berg) were also sponsors of a 2007 bill in the California legislature that would have granted legislative approvals for Barwest and the Los Coyotes tribe to build their Barstow casino. The bill failed.
In 2006, Barwest was fined by the FPPC on two counts for failing to report a $26,000 contribution Barwest paid in 2004 to the County GOP Campaign Committee of former Rep. Richard Pombo. At the time, Pombo was chairman of the House Resources committee and had oversight for Indian Gaming matters.
While Heather Sibbison and other Patton Boggs lobbyists have appeared before various government agencies on behalf of Barwest in the past, the firm hasn't previously registered as lobbyists for the casino syndicator or its tribal partner. Sibbison and Patton Boggs have represented other casino gaming partners tied to Malik and Ilitch.
For the first quarter of 2008, Barwest paid Patton Boggs $50,000, likely for services rendered to push forward plans by Barwest (Malik/Ilitch) and the Los Coyotes tribe to develop an off-reservation casino in Barstow, CA. The Los Coyotes tribe paid nothing to Patton Boggs for representation during the first quarter of 2008.
These recent disclosures represent the first time that any Washington, D.C., lobbying firm has officially reported an engagement with the Los Coyotes tribe. In the past, other lobbying firms have disclosed their representation of Barwest and Michael Malik on matters related to a proposed Los Coyotes off-reservation casino; but never the tribe.
Dating back to 2005, Barwest engaged the services of Wheat Government Relations, a D.C. firm founded by former Congressman Alan Wheat. While Wheat Government Relations remains registered as lobbyist for Barwest; however, the Wheat firm has reported "no activity" on behalf of Barwest for more than two years.
CALIFORNIA INVESTIGATION
The California Fair Political Practices Commission (FPPC) apparently has an ongoing investigation into irregularities in the reporting of campaign contributions and lobbying expenses paid by Mike Malik, Barwest (Malik/Ilitch) and the Los Coyotes Band of Indians.
In recent years, several California lobbying firms have registered as lobbyists for the Los Coyotes Band of Indians. Reports filed by the tribe and these lobbying firms indicate discrepancies in payments made and received. That's most likely because the tribe never actually made any direct payments to the lobbying firms.
Rather, the tribe's gaming partner, Barwest, has made hundreds of thousands of dollars in back-door payments to the California lobbying firms but Barwest (Mike Malik & Marian Ilitch) failed to register as a "lobbyist employer" and failed to make appropriate disclosures that would be required under California law.
Further, there are irregularities in California campaign disclosure documents that suggest one lobbying firm, Governmental Advocates, Inc., may have inappropriately been involved in funneling funds to candidates from Michael J. Malik, Sr. Although that firm has received payments from Barwest, neither the firm, Barwest or Malik have ever reported any formal lobbying engagement.
Several California legislators who may have inappropriately received funds from Malik via the lobbying firm (Senator Roy Ashburn, Assemblywoman Patty Berg) were also sponsors of a 2007 bill in the California legislature that would have granted legislative approvals for Barwest and the Los Coyotes tribe to build their Barstow casino. The bill failed.
In 2006, Barwest was fined by the FPPC on two counts for failing to report a $26,000 contribution Barwest paid in 2004 to the County GOP Campaign Committee of former Rep. Richard Pombo. At the time, Pombo was chairman of the House Resources committee and had oversight for Indian Gaming matters.
Friday, June 06, 2008
Michigan Indian Casinos at center of liquor dispute
6.05.08
BY JENNIFER DIXON
FREE PRESS STAFF WRITER
Patrick Devlin, a lawyer and employee of the Michigan Gaming Control Board, has sued Michigan Attorney General Mike Cox in an effort to force him to require the state's 19 tribal casinos to obtain liquor licenses.
Devlin, a former assistant attorney general, said that while American Indian tribes generally do not have to comply with state laws, he believes they must follow state liquor laws, which require establishments that sell liquor to be licensed and regulated by the Michigan Liquor Control Commission.
Devlin, a former assistant attorney general, said that while American Indian tribes generally do not have to comply with state laws, he believes they must follow state liquor laws, which require establishments that sell liquor to be licensed and regulated by the Michigan Liquor Control Commission.
Devlin, who until Monday monitored tribal casinos for the gaming control board, has pressed state officials for four years to address his concerns that Michigan should be regulating liquor sales in the tribal casinos.
Devlin, who is now a regulation officer assigned to Detroit's three casinos, filed his suit Tuesday in Ingham County Circuit Court.
Devlin, who is now a regulation officer assigned to Detroit's three casinos, filed his suit Tuesday in Ingham County Circuit Court.
Rusty Hills, a spokesman for Cox, said Wednesday the agreements that allow tribal casinos to operate in Michigan are negotiated by the tribes and the governor's office.
"If Mr. Devlin has a beef, he should bring it to the attention of the governor's office," Hills said. "And he's not only an attorney but a former employee of the AG's office; he should know better."
Devlin said it is important that the casinos are regulated like other establishments in Michigan that sell liquor to protect against drinking by minors or the visibly intoxicated. Kathryn Tierney, attorney for the Bay Mills Indian Community, which operates two Upper Peninsula casinos, said the tribes have been regulating their casino liquor sales themselves for years.
"The tribe's law has a minimum age, 21, and prohibits serving visibility intoxicated people," Tierney said. "This is not a vacuum which only state law can fill."
"While the attorney general has zero tolerance for all kinds of conduct, he apparently has unlimited tolerance for tribal casino violations. He just gives them a free pass," Devlin said.
Herb Strather: Comprehensive Biography
My goal is to see a thriving comeback in 
Detroit before I die; then I can say that I fought the good fight
Detroit before I die; then I can say that I fought the good fight - Herbert J. Strather
Born and raised in the City of Detroit, Herbert J. Strather is the Chairman of Strather and Associates (http://www.strather.com), a real estate development and investment firm located in Detroit. Established by Strather in 1975, Strather & Associates is responsible for more than $2 billion in real estate transactions and is a multi-level conglomerate consisting of real estate acquisitions, investment, development, and property management.
Key events in the history of Detroit's Greektown Casino
as published 5.31.08 in the Detroit Free Press:
Nov. 10, 2000: Greektown Casino opens its temporary casino, the last of three to start up in Detroit. Its revenues have consistently fallen behind those of MGM Grand Detroit and MotorCity.
June 26, 2002: It announces plans for a $450-million permanent casino-hotel complex at I-375 and Gratiot Avenue, with a 1,500-seat theater, at least four restaurants and a 400-room hotel.
Sept. 12, 2005: Greektown scales back expansion, abandoning plans to build a permanent casino at Gratiot and I-375. It says it will stay in its temporary location, where it also plans a 400-room hotel and a parking structure.
June 2006: Work starts on parking structure and hotel.
Oct. 2, 2007: MGM Grand Detroit becomes the first of the three to open a permanent casino. MotorCity later is the next.
Dec. 31, 2007: Greektown fails to meet state-mandated revenue projections.
May 6: In response to Greektown's need for money, Entertainment Interests Group LLC says it will buy a stake in the Detroit casino for $100 million.
May 30: Greektown files for bankruptcy protection.
Indianz.com: Michigan off-reservation casino bills set for House vote
as posted 06.06.08 at Indianz.com:
Marian Ilitch's casino development partner Michael J. Malik, Sr., is behind the Bay Mills Indian Community's plans to build a casino on the site of the Thomas Edison Inn in Port Huron, Michigan. Ilitch and Malik have been behind plans for a Bay Mills Indian Community off-reservation casino since the mid-1990s.
House Speaker Nancy Pelosi (D-California) will schedule a floor vote this month on bills that authorize off-reservation casinos for two Michigan tribes, according to The Journal Newspapers.
H.R. 2176 and H.R. 4115 settle land claims for the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians, respectively. The tribes will acquire new land, away from their existing reservations, and open casinos.
The bills have drawn opposition among members of Congress from the Detroit area. The three commercial casinos in Detroit -- of which the Sault Tribe owns one -- say the off-reservation casinos will hurt business.
Get the Story: Mayor: Casino vote to come (The Journal Newspapers 6/5)
Marian Ilitch's casino development partner Michael J. Malik, Sr., is behind the Bay Mills Indian Community's plans to build a casino on the site of the Thomas Edison Inn in Port Huron, Michigan. Ilitch and Malik have been behind plans for a Bay Mills Indian Community off-reservation casino since the mid-1990s.
Sunday, June 01, 2008
Dennis Whittlesey on a Port Huron Casino
excerpted from a Port Huron Times Herald article originally published 9.25.02:
...Joining the fray
Dennis Whittlesey, a gaming expert and Washington, D.C., lawyer, was convinced a bill allowing the Bay Mills Indian Community to build a casino in Port Huron would move smoothly through Congress -- until he heard Detroit officials plan to fight it.
"If Detroit wants to get in the fray, they can be very effective in Washington," Whittlesey said.
Dennis Whitlesey been involved in advancing various casino proposals put forth by Michael J. Malik, Sr., and Marian Ilitch. He was also involved in advancing plans by Herb Strather to build an Indian casino in Massachusetts. Malik, Ilitch and Strather were founding partners in Detroit's MotorCity Casino.
Tuesday, May 27, 2008
Relationship betwen Ilitch owned baseball and gambling operations revealed
A press release issued by Ilitch Holdings, Inc. announcing the creation and hiring of a new VP of Government Relations suggests that Ilitch Holdings, Inc. is in fact the parent company of both the Detroit Tigers and MotorCity Casino among other Ilitch owned entities.
In the release, Ilitch Holdings CEO Christoper Ilitch says, the new VP Mike McLauchlan is "suited to interact with key governmental officials and community representatives in addressing the various legislative and civic issues that impact Ilitch-owned businesses."
It certainly sounds like this new exec will handle lobbying needs of both the Ilitch owned MLB team and the Ilitch owned gambling hall; as well as any other Ilitch owned business. This is yet another indication that the separation between baseball and gambling at Ilitch Holdings is paper thin, at best.
The press release is sure to point out that baseball team is owned by Mike Ilitch and MotorCity Casino is owned by Marian Ilitch. Somehow they seem to miss the point that both entities fall under the umbrella of parent Ilitch Holdings, Inc. As such, the press release fails to detail that:
In the release, Ilitch Holdings CEO Christoper Ilitch says, the new VP Mike McLauchlan is "suited to interact with key governmental officials and community representatives in addressing the various legislative and civic issues that impact Ilitch-owned businesses."
It certainly sounds like this new exec will handle lobbying needs of both the Ilitch owned MLB team and the Ilitch owned gambling hall; as well as any other Ilitch owned business. This is yet another indication that the separation between baseball and gambling at Ilitch Holdings is paper thin, at best.
The press release is sure to point out that baseball team is owned by Mike Ilitch and MotorCity Casino is owned by Marian Ilitch. Somehow they seem to miss the point that both entities fall under the umbrella of parent Ilitch Holdings, Inc. As such, the press release fails to detail that:
- Mike Ilitch, owner of the baseball team, is Chairman of Ilitch Holdings, the parent of MotorCity Casino; and
- Marian Ilitch, owner of MotorCity Casino, serves as Vice Chairwoman of Ilitch Holdings, the parent of the Detroit Tigers baseball team.
Two years ago, Ilitch Holdings, Inc. purged most references to MotorCity Casino from its Web site attempting to suggest to outsiders that the gambling hall was a completely separate entity with no ties to Ilitch Holdings, Inc. or its other brands. This new press release clearly indicates otherwise. Is Bud Selig watching?
Ilitch Holdings acknowledges need for VP of Government Relations
a press release issued 5.27.08 by Ilitch Holdings, Inc.:
Ilitch Holdings Creates Government Relations Position, Appoints McLauchlan as Vice President
DETROIT, May 27 /PRNewswire/ -- Ilitch Holdings, Inc., today said Michael (Mike) McLauchlan has joined the company in the newly created position of vice president of government relations. President and Chief Executive Officer Christopher Ilitch made the announcement.
"As Ilitch-owned businesses grow, the addition of a government relations position will help us to build stronger, more strategic relationships with this important stakeholder group," said Ilitch. "Mike is a recognized professional and his more than 20 years of experience will be an asset to our organization. He has built strong relationships at all levels of government and is therefore well suited to interact with key governmental officials and community representatives in addressing the various legislative and civic issues that impact Ilitch-owned businesses."
Previously, McLauchlan was senior vice president and manager of government relations for Comerica Incorporated where he was responsible for the strategic planning and implementation of Comerica's local, state and federal government relations activities. His work at the bank earned him the high honor of Comerica's Chairman's Circle in 2004.
A lawyer by trade, McLauchlan was associate counsel at Hayduk, Dawson, Andrews and Hypnar P.C. before working at Comerica.
Prior to that, he was a legislative assistant to State Senator Gilbert J. DiNello of the Michigan State Senate.
McLauchlan is an active member and has served on the boards and committees of numerous professional and nonprofit organizations including the American Bankers Association, Financial Services Roundtable, Michigan Bankers Association, California Bankers Association, and Automotive Alley. He is currently the treasurer and chairman of the finance committee for the Detroit Police Foundation, and is currently an advisory board member for the Michigan Children's Trust Fund. Additionally, Mike serves as the 2007-2008 chairman of the Michigan Political Leadership Program.
McLauchlan earned a bachelor's degree from Michigan State University and a Doctorate degree in law from Detroit College of Law. A Michigan native, he resides in Grosse Pointe Woods with his wife and three children.
About Ilitch Holdings, Inc.
Ilitch Holdings, Inc. provides technical and professional services to the companies owned by Michael and/or Marian Ilitch. The Ilitch companies in the food, sports and entertainment industries include: Little Caesars Pizza, Blue Line Foodservice Distribution, the Detroit Red Wings, Olympia Entertainment, Olympia Development, Little Caesars Pizza Kits Fundraising Program, Champion Foods and Uptown Entertainment. Michael Ilitch owns the Detroit Tigers. Marian Ilitch is the sole owner of the MotorCity Casino Hotel.
DETROIT, May 27 /PRNewswire/ -- Ilitch Holdings, Inc., today said Michael (Mike) McLauchlan has joined the company in the newly created position of vice president of government relations. President and Chief Executive Officer Christopher Ilitch made the announcement.
"As Ilitch-owned businesses grow, the addition of a government relations position will help us to build stronger, more strategic relationships with this important stakeholder group," said Ilitch. "Mike is a recognized professional and his more than 20 years of experience will be an asset to our organization. He has built strong relationships at all levels of government and is therefore well suited to interact with key governmental officials and community representatives in addressing the various legislative and civic issues that impact Ilitch-owned businesses."
Previously, McLauchlan was senior vice president and manager of government relations for Comerica Incorporated where he was responsible for the strategic planning and implementation of Comerica's local, state and federal government relations activities. His work at the bank earned him the high honor of Comerica's Chairman's Circle in 2004.
A lawyer by trade, McLauchlan was associate counsel at Hayduk, Dawson, Andrews and Hypnar P.C. before working at Comerica.
Prior to that, he was a legislative assistant to State Senator Gilbert J. DiNello of the Michigan State Senate.
McLauchlan is an active member and has served on the boards and committees of numerous professional and nonprofit organizations including the American Bankers Association, Financial Services Roundtable, Michigan Bankers Association, California Bankers Association, and Automotive Alley. He is currently the treasurer and chairman of the finance committee for the Detroit Police Foundation, and is currently an advisory board member for the Michigan Children's Trust Fund. Additionally, Mike serves as the 2007-2008 chairman of the Michigan Political Leadership Program.
McLauchlan earned a bachelor's degree from Michigan State University and a Doctorate degree in law from Detroit College of Law. A Michigan native, he resides in Grosse Pointe Woods with his wife and three children.
About Ilitch Holdings, Inc.
Ilitch Holdings, Inc. provides technical and professional services to the companies owned by Michael and/or Marian Ilitch. The Ilitch companies in the food, sports and entertainment industries include: Little Caesars Pizza, Blue Line Foodservice Distribution, the Detroit Red Wings, Olympia Entertainment, Olympia Development, Little Caesars Pizza Kits Fundraising Program, Champion Foods and Uptown Entertainment. Michael Ilitch owns the Detroit Tigers. Marian Ilitch is the sole owner of the MotorCity Casino Hotel.
Sunday, May 25, 2008
Michael Malik sues over planning commission denial of Harsens Island project
5.28.08
Developers sue over Harsens Island project
Lawyers: Zoning change should be allowed
By NICOLE GERRING
Times Herald
Grande Pointe Development and Lucky 7 Development are trying to move forward with a proposal to build a 348-unit housing development on Harsens Island.
The developers have filed a lawsuit against Clay Township, stemming from the planning commission's Feb. 27 decision to reject a special land use request that would have allowed the housing development to be built on the former Boys & Girls Club property.
In the lawsuit, Grande Pointe and Lucky 7, which are managed and owned by former township resident Michael Malik, contend the planning commission's decision "was not based upon substantial, competent and material evidence on the record, was arbitrary and capricious, was contrary to law and did not advance a reasonable governmental interest related to public health, safety and welfare."
The planning commission had to base its decision on nine standards for a special land use consideration as stated in the township zoning ordinance. Members voted that the request did not meet some standards, which include a variety of factors such as whether the development would be in harmony with the existing character of the neighborhood.
Port Huron lawyer Gary Fletcher is one of the among those representing the developers.
"The developer believes they clearly complied with all the requirements of the (zoning) ordinance. Therefore, there was no basis to deny the approval the developer had requested," he said.
The court may affirm the commission's decision, turn it back to the commission for further review or affirm the developers' appeal and allow the special land use request.
In addition to the lawsuit, Grande Pointe Development filed a permit request on May 1 with the Michigan Department of Environmental Quality's Land and Water Management Division. The permit would allow developers to dredge and excavate at the project site and is required because the work would affect 17 acres of wetlands.
Developers also have applied to the DEQ for a permit to operate a marina, a planned part of the $170 million development.
Lawyers: Zoning change should be allowed
By NICOLE GERRING
Times Herald
Grande Pointe Development and Lucky 7 Development are trying to move forward with a proposal to build a 348-unit housing development on Harsens Island.
The developers have filed a lawsuit against Clay Township, stemming from the planning commission's Feb. 27 decision to reject a special land use request that would have allowed the housing development to be built on the former Boys & Girls Club property.
In the lawsuit, Grande Pointe and Lucky 7, which are managed and owned by former township resident Michael Malik, contend the planning commission's decision "was not based upon substantial, competent and material evidence on the record, was arbitrary and capricious, was contrary to law and did not advance a reasonable governmental interest related to public health, safety and welfare."
The planning commission had to base its decision on nine standards for a special land use consideration as stated in the township zoning ordinance. Members voted that the request did not meet some standards, which include a variety of factors such as whether the development would be in harmony with the existing character of the neighborhood.
Port Huron lawyer Gary Fletcher is one of the among those representing the developers.
"The developer believes they clearly complied with all the requirements of the (zoning) ordinance. Therefore, there was no basis to deny the approval the developer had requested," he said.
The court may affirm the commission's decision, turn it back to the commission for further review or affirm the developers' appeal and allow the special land use request.
In addition to the lawsuit, Grande Pointe Development filed a permit request on May 1 with the Michigan Department of Environmental Quality's Land and Water Management Division. The permit would allow developers to dredge and excavate at the project site and is required because the work would affect 17 acres of wetlands.
Developers also have applied to the DEQ for a permit to operate a marina, a planned part of the $170 million development.
Michael Malik plans to build a Marina on Harsens Island
A public notice filed May 1, 2008 with the Michigan Department of Environmental Quality (DEQ) reveals that Michael J. Malik, Sr. has resurrected plans for a marina on Harsens Island. For nearly 20 years Mike Malik has attempted to get approvals to build a Marina on Harsens Island. Those previous proposals were all denied.
The Port Huron Times Herald previously has referred to Malik's plan for Harsens Island simply as a "348-unit housing development." Actually Malik has planned a 36-acre open air marina with at least 362 boat slips, an island in the middle of the Marina that hosts a "Pavilion" or clubhouse, and housing.
The DEQ released documents reveal that 1,000,000 cubic yards of material must be excavated from 32 acres of uplands and 6 wetlands areas on Harsens Island for construction of the marina basin.
If you want to see the full set of documents on the scope of Mike Malik's "Grand Pointe Marina" project go to http://www.deq.state.mi.us/lwmpnh-data/07740161pn.pdf
You can get details on the hearing and permitting process by going to http://www.deq.state.mi.us/lwmpnh/default.asp?PermitNo=07740161
Malik's development entities for the Harsens Island project are Grande Pointe Development LLC (or Grand Pointe Development LLC) and Lucky 7 Development LLC.
Michael J. Malik, Sr. has partnered with Marian Ilitch and various members of the Detroit's Ilitch family on casino and development projects. Denise Ilitch, eldest daughter of Marian and Mike Ilitch was previously a member of Luck 7 Development LLC.
The Port Huron Times Herald previously has referred to Malik's plan for Harsens Island simply as a "348-unit housing development." Actually Malik has planned a 36-acre open air marina with at least 362 boat slips, an island in the middle of the Marina that hosts a "Pavilion" or clubhouse, and housing.
The DEQ released documents reveal that 1,000,000 cubic yards of material must be excavated from 32 acres of uplands and 6 wetlands areas on Harsens Island for construction of the marina basin.
If you want to see the full set of documents on the scope of Mike Malik's "Grand Pointe Marina" project go to http://www.deq.state.mi.us/lwmpnh-data/07740161pn.pdf
You can get details on the hearing and permitting process by going to http://www.deq.state.mi.us/lwmpnh/default.asp?PermitNo=07740161
Malik's development entities for the Harsens Island project are Grande Pointe Development LLC (or Grand Pointe Development LLC) and Lucky 7 Development LLC.
Michael J. Malik, Sr. has partnered with Marian Ilitch and various members of the Detroit's Ilitch family on casino and development projects. Denise Ilitch, eldest daughter of Marian and Mike Ilitch was previously a member of Luck 7 Development LLC.
MotorCity Casino revenues down 1.7% for first four months of 2008
Note: Despite a greatly expanded gaming floor and new 400-room hotel, Detroit Entertainment LLC (CCM Merger, Inc.) reports MotorCity Casino revenues for the first four months of 2008 are down 1.7% over the same period in 2007.
5.14.08
MGM Grand’s gambling revenue up in 2008
By Robert Ankeny
MGM Grand Detroit Casino L.L.C. reported gambling revenue to the Michigan Gaming Control Board of more than $190.7 million for the first four months of 2008, up 15.1 percent over the same period in 2007.
MGM’s strong showing put aggregate revenue for the three Detroit casinos for the first four months of 2008 about 3.55 percent ahead of last year, at $465.8 million vs. $448.55 million. That’s despite down figures by the other two casinos.
Detroit Entertainment L.L.C. (MotorCity Casino) and Greektown Casino L.L.C. reported 2008 revenue less than 2007 by 1.4 percent and 4.6 percent, respectively when measured for the first four months of the year.
In April, MGM had almost $46.9 million in revenue, up 14.2 percent from 2007. MotorCity at $40.7 million last month exceeded April 2007 revenue by nearly 3.5 percent. Greektown reported revenue of $28.6 million for April 2008, down almost 5 percent from its April 2007 take.
Gambling revenue is what casinos keep from the amount wagered, after paying winners but before paying taxes, wages, utilities and other expenses.
Taxes paid to the state of Michigan so far this year were $45.9 million, and to the city of Detroit almost $52 million.
MGM Grand Detroit Casino L.L.C. reported gambling revenue to the Michigan Gaming Control Board of more than $190.7 million for the first four months of 2008, up 15.1 percent over the same period in 2007.
MGM’s strong showing put aggregate revenue for the three Detroit casinos for the first four months of 2008 about 3.55 percent ahead of last year, at $465.8 million vs. $448.55 million. That’s despite down figures by the other two casinos.
Detroit Entertainment L.L.C. (MotorCity Casino) and Greektown Casino L.L.C. reported 2008 revenue less than 2007 by 1.4 percent and 4.6 percent, respectively when measured for the first four months of the year.
In April, MGM had almost $46.9 million in revenue, up 14.2 percent from 2007. MotorCity at $40.7 million last month exceeded April 2007 revenue by nearly 3.5 percent. Greektown reported revenue of $28.6 million for April 2008, down almost 5 percent from its April 2007 take.
Gambling revenue is what casinos keep from the amount wagered, after paying winners but before paying taxes, wages, utilities and other expenses.
Taxes paid to the state of Michigan so far this year were $45.9 million, and to the city of Detroit almost $52 million.
Tuesday, May 13, 2008
MotorCity Casino officials concerned Michigan Smoking Ban will hurt revenue
As published 5.13.08 in Online Gambling Paper:
The smoking ban passed by the Michigan Senate on Thursday now heads to the House and likely a signature by the Gov. Jennifer Granholm, who backs the smoking prohibition. Unlike the bill passed by the House initially, the Senate is also banning smoking at the casinos in Michigan, which in fact would affect only the three Detroit casinos, as the remaining 18 Indian casinos would not be affected by the legislation, because they are on tribal lands.
"We're not in favor of the smoking ban. We are very concerned it will create an unleveled playing field in regard to the tribal casinos," MotorCity Casino spokeswoman Jacci Woods was quoted.
The Michigan bill that passed the House five months ago would have exempted casinos, bingo halls, horse tracks, cigar bars and smoke shops from the ban, but the Senate stripped those provisions in favor of banning smoking in all workplaces. The House could send the bill as early as next week to the Governor.
The casino smoking ban in Michigan would certainly affect the bottom line of the three Detroit casinos, as gamblers would hardly go outside to smoke, especially during the harsh Michigan winters.
Similar ban already in effect at the 11 Atlantic City casinos is blamed for the ever declining gambling profits in New Jersey, as gamblers take the short drive to neighboring states' casinos which allow smoking on the gaming floors.
The closest casino outside of Detroit is the Canadian Casino Windsor, which also prohibits smoking, thus gamblers would have to either drive 150 miles to the Mount Pleasant's Soaring Eagle Casino and Resort or decide to gamble online from their homes, where smoking has not been regulated...yet.
Detroit casinos threatened by the smoking ban
The smoking ban passed by the Michigan Senate on Thursday now heads to the House and likely a signature by the Gov. Jennifer Granholm, who backs the smoking prohibition. Unlike the bill passed by the House initially, the Senate is also banning smoking at the casinos in Michigan, which in fact would affect only the three Detroit casinos, as the remaining 18 Indian casinos would not be affected by the legislation, because they are on tribal lands.
"We're not in favor of the smoking ban. We are very concerned it will create an unleveled playing field in regard to the tribal casinos," MotorCity Casino spokeswoman Jacci Woods was quoted.
The Michigan bill that passed the House five months ago would have exempted casinos, bingo halls, horse tracks, cigar bars and smoke shops from the ban, but the Senate stripped those provisions in favor of banning smoking in all workplaces. The House could send the bill as early as next week to the Governor.
The casino smoking ban in Michigan would certainly affect the bottom line of the three Detroit casinos, as gamblers would hardly go outside to smoke, especially during the harsh Michigan winters.
Similar ban already in effect at the 11 Atlantic City casinos is blamed for the ever declining gambling profits in New Jersey, as gamblers take the short drive to neighboring states' casinos which allow smoking on the gaming floors.
The closest casino outside of Detroit is the Canadian Casino Windsor, which also prohibits smoking, thus gamblers would have to either drive 150 miles to the Mount Pleasant's Soaring Eagle Casino and Resort or decide to gamble online from their homes, where smoking has not been regulated...yet.
MGCB may force Greektown Casino owners to sell gaming hall
5.13.08
Greektown Casino given until June 10 to avoid forced sale
Nathan Hurst / The Detroit News
DETROIT -- Just days after announcing a $100 million cash infusion from a new Metro Detroit investment group, Greektown Casino was told it has until June 10 to come up with a convincing argument why the Michigan Gaming Control Board should not force casino owners to sell the gaming hall.
The board's demands could threaten a deal announced last week by Entertainment Interests Group to invest some much-needed cash into Greektown. The group agreed to buy a 40 percent stake in the casino for $79 million, and invest another $21 million to pay off former minority investors. Sault Tribe of Chippewa would have a 60 percent stake in Greektown.
At the monthly meeting of the board Tuesday, Greektown officials requested that the board waive enforcement of requirements that the casino maintain a certain debt-to-earnings ratio. The casino hasn't met that requirement since November, and that failure allows the gaming board to force the casino's sale.
The board denied the waiver request, with Chairman Damian Kassab suggesting that Greektown revisit its deal with Entertainment Interests Group. Kassab noted the $100 million would satisfy the debt-to-equity requirements only through part of 2008.
Richard Zussman, a lawyer for Entertainment Interests Group, told the board that a denial of the waiver could jeopardize the transaction. The investment group is headed by Jerry D. Campbell, former chairman of Republic Bancorp and developer of Pinnacle Race Course in Huron Township.
"We are hesitant to continue spending time and money to close this deal," Zussman said. "We'd have to think seriously about moving forward."
The gaming board requires Greektown to maintain a debt-to-earnings ratio of 6.25 to 1 -- meaning that for every $6.25 in debt the casino must show $1 in equity. The casino has been in violation of that ratio late last year and had until April 30 to shore up their finances.
Zussman wouldn't elaborate on his comments following the close of the board's meeting, but Aaron Payment, chairman of the Sault Tribe, said Zussman's comments caught him off guard and shouldn't be taken as an indication that Campbell and his partners intend to pull their offer from the table.
"I am very confident that this deal will move forward," Payment said.
You can reach Nathan Hurst at (313) 222-2293 or nhurst@detnews.com.
Nathan Hurst / The Detroit News
DETROIT -- Just days after announcing a $100 million cash infusion from a new Metro Detroit investment group, Greektown Casino was told it has until June 10 to come up with a convincing argument why the Michigan Gaming Control Board should not force casino owners to sell the gaming hall.
The board's demands could threaten a deal announced last week by Entertainment Interests Group to invest some much-needed cash into Greektown. The group agreed to buy a 40 percent stake in the casino for $79 million, and invest another $21 million to pay off former minority investors. Sault Tribe of Chippewa would have a 60 percent stake in Greektown.
At the monthly meeting of the board Tuesday, Greektown officials requested that the board waive enforcement of requirements that the casino maintain a certain debt-to-earnings ratio. The casino hasn't met that requirement since November, and that failure allows the gaming board to force the casino's sale.
The board denied the waiver request, with Chairman Damian Kassab suggesting that Greektown revisit its deal with Entertainment Interests Group. Kassab noted the $100 million would satisfy the debt-to-equity requirements only through part of 2008.
Richard Zussman, a lawyer for Entertainment Interests Group, told the board that a denial of the waiver could jeopardize the transaction. The investment group is headed by Jerry D. Campbell, former chairman of Republic Bancorp and developer of Pinnacle Race Course in Huron Township.
"We are hesitant to continue spending time and money to close this deal," Zussman said. "We'd have to think seriously about moving forward."
The gaming board requires Greektown to maintain a debt-to-earnings ratio of 6.25 to 1 -- meaning that for every $6.25 in debt the casino must show $1 in equity. The casino has been in violation of that ratio late last year and had until April 30 to shore up their finances.
Zussman wouldn't elaborate on his comments following the close of the board's meeting, but Aaron Payment, chairman of the Sault Tribe, said Zussman's comments caught him off guard and shouldn't be taken as an indication that Campbell and his partners intend to pull their offer from the table.
"I am very confident that this deal will move forward," Payment said.
You can reach Nathan Hurst at (313) 222-2293 or nhurst@detnews.com.
Find this article at:
http://www.detnews.com/apps/pbcs.dll/article?AID=/20080513/BIZ/805130446
http://www.detnews.com/apps/pbcs.dll/article?AID=/20080513/BIZ/805130446
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