In Wisconsin, the Stockbridge-Munsee Band of Mohicans recently filed briefs with U.S. District Judge James Peterson to continue its lawsuit regarding the Ho-Chunk Nation’s Wittenberg casino. In April the tribe filed a federal lawsuit against the Ho-Chunk and the state alleging the tribe expanded its Wittenberg casino in violation of its state gaming compact. The Stockbridge-Munsee claimed the expanded Ho-Chunk casino would negatively affect its own nearby casino. In October, Peterson ruled the Stockbridge-Munsee should have sued in 2008 when the Wittenberg casino opened, and dismissed the Ho-Chunk from the lawsuit. The Ho-Chunk tribe’s Wittenberg expansion opened in November and a large hotel is scheduled to open soon.
In its recent filings, the Stockbridge-Munsee asked Peterson not to dismiss the state from the lawsuit on the same grounds. The tribe argued the Wisconsin statute of limitations does not apply because the tribe is a sovereign nation and the expansion did not start until 2014, after the statute of limitations expired.
Meanwhile, the state asked Peterson to drop the Stockbridge-Munsee’s claims against Wisconsin on the same grounds, that the tribe waited too long to file its lawsuits. The state also renewed a request for a court order demanding the Stockbridge-Munsee pay nearly $1 million it owes the state in withheld revenue-sharing payments.
The Stockbridge-Munsee tribe also has requested to amend its initial lawsuit to bring the Ho-Chunk back into the case. The tribe contended by negotiating a deal in 2003 to allow the Ho-Chunk to expand its Wittenberg casino, the Ho-Chunk and the state had conspired to prevent other tribes from knowing they would lose their market protections.
Peterson did not set a date to announce his rulings on the various filings.
