In a highly anticipated and closely watched decision, a three-judge panel of the D.C. Circuit Court of Appeals has rejected a bid by the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, to have a plot of land placed into trust for the purpose of building a casino.
The tribe had been seeking to have approximately 147 acres of land in Wayland Township, Michigan placed into trust by the federal government. This land, located just south of Grand Rapids, had been purchased by the tribe in 2003 with the intention of building a casino on it. However, the process of having the land placed into trust was put on hold due to legal challenges from various parties, including the Michigan Gambling Opposition (MGO) coalition.
In a 2-1 decision, the panel ruled that the Department of the Interior had not acted within its authority when it agreed to take the land into trust for the tribe. The majority opinion, written by Judge Neomi Rao, stated that the department had not provided a sufficient rationale for its decision and had failed to adequately consider the potential impacts of the casino on the surrounding community.
The decision has been met with disappointment and frustration by leaders of the Gun Lake Tribe, who have been fighting for the right to build a casino on their tribal land for nearly two decades. In a statement released following the ruling, Tribal Chairman Bob Peters expressed his disappointment, stating that the decision was a setback for economic development and self-sufficiency for the tribe.
The ruling is also likely to have broader implications for other tribes seeking to have land placed into trust for the purpose of gaming. The panel’s decision sets a potentially high bar for tribes to meet in order to have their land-into-trust applications approved by the federal government, as it emphasizes the need for thorough and well-documented justifications for such decisions.
The ruling is expected to be appealed by the Gun Lake Tribe, though it remains to be seen how the case will proceed in light of the panel’s decision. In the meantime, the tribe’s plans to build a casino on their land in Wayland Township remain on hold, and the future of the project is uncertain.