5.31.07David Eggert
Associated Press
LANSING — A state Supreme Court ruling issued Wednesday eliminates another hurdle in the path of a southcentral Michigan tribe's quest to open a casino near Battle Creek and validates Gov. Jennifer Granholm decision to let a northern Michigan tribe open another casino in exchange for state government getting more gaming revenue.
For nearly eight years, the Nottawaseppi Huron Band of Potawatomi has been fighting a series of legal challenges to its proposed casino at the intersection of I-94 and 11-Mile Road in Emmett Township.
With the court's affirmation of the compact, the tribe has only one more challenge remaining. Citizens Exposing Truth About Casinos, or CETAC, is challenging in federal District Court the tribe's ability to claim the land in Emmett Township as an initial reservation.
Donna Halinski (Marketing Resource Group), spokeswoman for the tribe, said oral arguments were heard on that challenge a few weeks ago, but there is no indication when a ruling could be issued.
The court's decision also upheld a renegotiated deal with the Little Traverse Bay Bands of Odawa Indians. The compact received no approval from the Legislature after it was amended in 2003.
Justice Michael Cavanagh, writing for the majority, said original compacts negotiated in 1998 by then-Gov. John Engler had a clause allowing a governor to act for the state in making amendments.
During talks with the Odawa tribe, which runs a casino in Petoskey, Granholm agreed to let it build another one in Mackinaw City in exchange for the tribe giving a higher percentage of its revenue to the state. The tribe has not opened the second casino, which would require a vote of the local community.
Laura Spurr, tribal chairwoman of the Nottawaseppi Huron Band of Potawatomi, said she was confident her tribe would win the compact challenge.
"It's unfortunate the continued delays caused by TOMAC (Taxpayers of Michigan Against Casinos) along with CETAC have delayed the creation of thousands of new jobs and hundreds of business opportunities just in Michigan," she said in a press release.
"We are pleased the court has preserved the right of the tribes to create much-needed jobs and economic development across the state."
Odawa Tribal Chairman Frank Ettawageshik said the case was not about opening another casino but rather the process of approving compact amendments.
"We were confident we would prevail," he said in a phone interview.
The tribe will not try to open a second casino in the "immediate future," he said, and is focusing on the grand opening of a new Petoskey facility in July.
An anti-gambling group in 1999 challenged the validity of some of Michigan's tribal gaming deals because legislators endorsed them in a resolution, an easier task than passing a bill.
TOMAC later said not getting legislative approval of the Odawa amendments violated the separation of powers doctrine in the state Constitution.
A message seeking comment was left Wednesday with a Grand Rapids law firm representing the anti-gambling group.
Granholm spokeswoman Liz Boyd said the administration was confident all along that its actions were constitutional.
The case directly involves the Odawa tribe but has been closely watched because it could have implications for future attempts to change other tribal agreements.
Chief Justice Clifford Taylor, Maura Corrigan, Marilyn Kelly and Robert Young Jr. joined the majority opinion, which reversed a decision by the Michigan Court of Appeals.
Stephen Markman and Elizabeth Weaver dissented, arguing that the compacts should have been passed by legislation.
Michigan has 20 casinos, including 17 run by American Indian tribes and three Detroit casinos.
David Eggert can be reached at deggert@ap.org
http://www.battlecreekenquirer.com/apps/pbcs.dll/article?AID=/20070531/NEWS01/705310327/1002/NEWS01
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