The United States Court of Appeals for the District Of Columbia Circuit, in a unanimous decision, recently upheld the Gun Lake Trust Land Reaffirmation Act. The ruling ended a long legal battle between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake tribe, and David Patchak, a local landowner, who filed his first complaint against the tribe in 2008.
Congress passed the act, also known as S1603, in 2013, and President Obama signed it in September 2014. A lower court judge upheld it less than two years later. The legislation acknowledges the aboriginal status of land taken into trust by the Department of the Interior for the benefit of the tribe, which operates the Gun Lake Casino on the 147-acre, so-called Bradley Property near Wayland, Michigan. Patchak, who lives within three miles of the casino, challenged the legislation under the U.S. Supreme Court’s Carcieri V Salazar ruling, which limits land-trust grants to tribes that were “under federal jurisdiction” before 1934. The Match-E-Be-Nash-She-Wish Band did not gain federal recognition until 1999.
Judge Robert Wilkins wrote, “Congress made a considered determination to ratify the Department of the Interior’s decision to take the Bradley Property into trust for the Gun Lake Tribe and further to remove any potential impediments to the finality of that decision.”
The decision marks the first time a land-trust law has been upheld through the courts. As a result, other tribes may ask for similar protections; in fact, Congress is considering the Poarch Band of Creek Indians Land Reaffirmation Act, or HR5486, which would protect that Alabama tribe against several lawsuits challenging its reservation’s status.
Meanwhile, in anticipation of the opening of its $76 million expansion in summer 2017, Gun Lake Casino recently held a job fair to fill new positions in table games, food and beverage, slots, cage, operations and security.
Vice President and General Manager Brent Arena said, “Gun Lake Casino is happy to offer great benefits, pay and career advancement opportunities to all of our team members. While the expansion is not set to open until next year, we pride ourselves on delivering the best guest service and want to ensure all team members are trained in their respective areas.”
The project will add to the gaming floor, create a 300-seat multi-station buffet and enlarge the Stage 131 lounge and entertainment area. Additionally, the team member dining room and lounge will replace the current dining room and offer a break room, more personal lockers space and a team member café offering complimentary meals for every shift.
The casino currently features a gaming floor with more than 1,600 slot machines and 33 table games, plus a food court,225-seat cafe, bars, lounges and live entertainment.
