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Controversies Flood Casino in SW Michigan

Posted on January 23rd, 2011

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The Gun Lake Tribe of Pottawatomi Indians informed the public of its plans to hold the grand opening of a gambling facility in South Western Michigan’s Allegan County on Friday, with a set date for the inauguration on the 11th of February. On that same day, the federal courts announced as well, their decision to revive a long-ago lawsuit which challenged the American Indian’s tribe to have legal rights in constructing on the site where the new casino currently exists. The courts have stated that the timing was purely coincidental, with no intentions whatsoever to start a controversy between the two involved parties and the general public.

The exact location which is, today, being debated upon as to whom has the legal rights to having tenure over it, is in Wayland Township. The is conveniently located off U.S. 131, between Kalamazoo and the Grand Rapids. David Patchak of Allegan County’s Wayland Township is contesting the legality of the process which enabled the tribe to have been granted permission to build on the controversial land. The court has announced that Patchak can challenge the decision of lawmakers to entrust the land to the Gun Lake Tribe. With Patchak’s appeal being taken into consideration, it could mean that the lawsuit will undergo a whole new process in the federal court in Washington, D.C. Patchak’s lawyer, John Bursch, has confidently stated, that, “If the casino opens, it may not stay that way for very long.” His confidence lies in his utmost belief that the U.S. Interior Department did not have the proper authority to grant the tribe any rights regarding the controversial land, since the tribe was not federally recognized since the year 1934. It was only in that same year that federal law consented to put land into the trust of Indian tribes, with this control awarded to the local government.

In a case in the year 2009, quite similar to Patchak and his group of lawyers’ lawsuit, a U.S. Supreme Court decision has ruled favorably for the stance similar to what Patchak has taken in his current lawsuit. Patchack and his lawyers have anchored their arguments in this highly persuasive case. Patchak’s initial lawsuit was dismissed by a federal judge in Washington, D.C., declaring to one and all that they had no right of action to sue. Needless to say, at present, the appeals court has reversed that earlier ruling, permitting the lawsuit to be reexamined. The appeals court has had this to say pertaining the controversial case: “He alleged that the rural character of the area would be destroyed, that the value of his property would be diminished and that he would lose the enjoyment of the agricultural land surrounding the casino site.” The panel comprising of three judges in answer declared that, “It would be very strange to deny Patchak standing in this case.”

The Gun Lake Tribe of Pottawatomi Indians deemed the situation as nothing but a minor hitch in their long term plans. James Nye, the tribe’s spokesman, has said that the delay does not mean that the casino will close down. “The land is still in trust, and the casino will open,” he affirmed. In addition to that, the Chairman of the Tribe, D.K. Sprague has said that the lawsuit was “frivolous.” The Tribe is also banking on the courts to see the potential number of benefits that the opening of the casino would bring about. The opportunity for equal job options comes into play with the existence of the gambling establishment; an estimation of at least 700 jobs is projected. This is made possible due to the slot machines summing up to 1,450 in count, a number of gaming tables, and entertainment acts, that the casino is to host, which would need a considerable number of employees just to conduct operations..

The massive land where the casino complex is erected encompasses 147 acres of a formal reservation in Wayland Township. A whopping $200 million dollars was the estimated cost doled out by the developers in order to finish the entire project. At present, the casino is almost fully-functional and ready for its grand opening.