In Wisconsin, Judge James Peterson once again tossed out the Stockbridge-Munsee Band of Mohican Indians’ lawsuit against the Ho-Chunk Nation’s Wittenberg casino expansion. As Peterson stated in October, the Stockbridge-Munsee waited too long to file its claims against the state, noting the 6-year statute of limitations had passed. He also rejected the tribe’s claims that the time limit began running last year.
The Stockbridge-Munsee Band has been trying to block Ho-Chunk’s Wittenberg expansion, claiming the facility is a full-blown casino that will impact its own North Star casino in Bowler, about 10 miles away.
The Stockbridge-Munsee had maintained Governor Walker could have blocked the expansion but failed to do so. The tribe threatened to withhold payments to the state if the Ho-Chunk casino was expanded.
In October, Peterson said the tribe should have sued in 2008 when electronic gaming first appeared at the Wittenberg facility. However, he did leave open the possibility that the tribe could sue the state.
Peterson also rejected the Stockbridge-Munsee’s proposed amendment of its lawsuit, which would have added further claims against the Ho-Chunk. In addition, Peterson denied the Ho-Chunk’s motion for sanctions against the Stockbridge-Munsee over the proposed amendments; he wrote the Stockbridge-Munsee’s “last-ditch effort” to salvage its case was understandable, “even if it was of questionable merit.”
Stockbridge-Munsee spokeswoman Megan Hakes said, “We believe the decision is wrong and that each and every day Ho-Chunk conducts gaming at the Wittenberg casino in violation of the compact is a new and continuing violation of the compact. She said tribe most likely will file an appeal.
The $33 million Ho-Chunk Wittenberg expansion, which opened in November, is part of a $153 million initiative by the tribe to expand its casinos throughout Wisconsin. At Wittenberg, the tribe added 200 slots, 10 table games, a hotel and restaurant.
In other good news for the Ho-Chunk, the city council in Beloit re-approved for the second time an intergovernmental agreement with the tribe for its proposed $405.5 million casino resort. The agreement originally was drafted in 2012 and re-approved in 2015. The proposal currently is being reviewed by the U.S. Department of the Interior Bureau of Indian Affairs. Project officials expect publication in the federal register by the end of the first quarter of 2018. A public hearing would follow.
The casino resort would include a gaming floor with 2,200 slots and 50 table games, plus a 300-room hotel. It would create 1,500 jobs, tribal leaders said.
