The former Bay Mills Vanderbilt casino, owned by the Bay Mills Indian Community of Michigan, has been closed for years because of a court case that has dragged on since 2010.
The tribe is waiting for a favorable ruling from a judge that would enable it to take its case to trial. The tribe won’t reopen the casino until it wins at trial, according to a spokesman.
The spokesman, Shannon Jones, said, “If it gets to a trial, it will be to determine whether our acquisition of land complies with the Michigan Indian Land Claims Settlement Act.” The tribe expects a decision within weeks.
The most recent case, which the tribe brought against Michigan Governor Rick Snyder is being heard in the U.S. District Court for the Western District of Michigan.
The casino first opened in November 2010. But it soon closed because of a challenge to its status of being on Indian land by the state Attorney General. The tribe argues that it is because it bought the land with funds from the Michigan Indian Land Claims Settlement Act (MILCSA.) That legality was challenged by Michigan Attorney General’s Office.
In August 2012 the tribe was told by the Sixth Circuit Court of Appeals that it could reopen the casino.
Then in 2014 the U.S. Supreme Court ruled that Michigan had no standing to sue the tribe due to sovereign immunity. The majority opinion declared, “We hold that immunity protects Bay Mills from this legal action. Congress has not abrogated tribal sovereign immunity from a state’s suit to enjoin gaming off a reservation or other Indian lands.”
Despite that ruling, one piece of the puzzle remains, whether the tribe can actually operate a casino on that sovereign land. This is tied up in the meaning of what “Indian lands” means under the Settlement Act.
The tribe argues that it is “Indian land” because it purchased the land using its settlement money. According to a brief filed with the court, the tribe argues, “Vanderbilt is located within the lands our tribe ceded to the United States through the 1836 Treaty of Washington.” It also asserts, “Our tribe exercises jurisdiction over lands throughout the ceded territory – including Vanderbilt – by regulating hunting, fishing, and other activities by Bay Mills tribal members.”
The meaning of “Indian lands” is key because the Indian Gaming Regulatory Act only allows gaming on “Indian lands” over which a tribe has jurisdiction.
The state is asking for a summary judgment that the Bay Mills tribe’s purchase of the land “does not automatically make them Indian lands eligible for gaming under IGRA.”
If the judge rejects that motion, the tribe could ask the judge to rule on whether under IGRA the tribe can engage in gaming at that site.
The tribe already operates the Bay Mills Resort & Casino in Brimley and the Kings Club Casino, a small casino considered to be the first full-bore Indian casino to open in the U.S.
