Michigan off-reservation gambling case to be heard by USSC

By Bryan Cohen | Jun 24, 2013

LANSING, Mich. (Legal Newsline) - Michigan Attorney General Bill Schuette announced Monday that arguments will be heard by the U.S. Supreme Court regarding the state's legal challenge of allegedly illegal off-reservation gambling in Vanderbilt.

The Supreme Court will hear the appeal of a U.S. Court of Appeals for the 6th Circuit ruling halting the state's legal challenge of the Bay Mills Indian Community's allegedly illegal off-reservation gambling expansion.

Oral arguments in the case of Michigan v. Bay Mills Indian Community will be held in the fall.

"Today's ruling sets the stage for an important discussion about the states' ability to halt the unrestrained expansion of off-reservation tribal casino gambling," Schuette said. "We look forward to making our case before the nation's highest court this fall."

U.S. District Court Judge Paul Maloney issued a preliminary injection on March 29, 2011, that ordered the casino to close pending the outcome of the lawsuit. The tribe appealed, and the U.S. Court of Appeals for the 6th Circuit reversed the decision on Aug. 15, declaring that the district court lacked jurisdiction under the Indian Gaming Regulatory Act and that the tribe possessed sovereign immunity.

A U.S. Supreme Court review was sought by Schuette in October.

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