Stockbridge-Munsee Tribe Loses Appeal

A 7th U.S. Circuit Court of Appeals panel upheld U.S. District Judge James Peterson's ruling that the Stockbridge-Munsee tribe should have sued earlier to block the Ho-Chunk Nation's Wittenberg casino, located just 12 miles from its Bowler facility (l.). The casino opened in 2008 and Stockbridge-Munsee sued in 2017, past the six-year statute of limitations.

Stockbridge-Munsee Tribe Loses Appeal

The Stockbridge-Munsee Band of Mohicans in northern Wisconsin has lost another round in its battle to stop the Ho-Chunk Nation’s Wittenberg casino, although it opened in 2008.

The tribe sued Ho-Chunk in 2017. In February 2018, U.S. District Judge James Peterson dismissed the lawsuit, ruling the Stockbridge-Munsee’s claims were subject to a 6-year statute of limitations that ended in 2014.

The tribe appealed Peterson’s ruling and recently a 3-judge panel from the 7th U.S. Circuit Court of Appeals upheld Peterson’s decision. The panel agreed that the Stockbridge-Munsee waited too long to file its the lawsuit.

The tribe claimed the Ho-Chunk facility, located 12 miles from its North Star Casino in Bowler, was too close, and accused Ho-Chunk of violating its gaming compact by exceeding requirements for an ancillary facility, which is supposed to use only half of its space for gambling. The Stockbridge-Munsee threatened to withhold payments to the state since officials did not block the expansion when Ho-Chunk first announced its casino plans.

Stockbridge-Munsee spokeswoman Megan Hakes didn’t immediately respond to an email seeking comment.

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