U.S. Supreme Court To Hear Gun Lake Appeal

The U.S. Supreme Court will hear an appeal filed by David Patchak who claims the 2014 Gun Lake Trust Land Reaffirmation Act violates the U.S. Constitution's separation of powers clause. The act had ended challenges to the federal land trust allowing the Gun Lake Tribe to build a casino in Wayland, Michigan.

This month the U.S. Supreme Court will hear an appeal filed by a familiar thorn in the side of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as theGun Lake Tribe. David Patchak of Shelbyville, Michigan claims the 2014 Gun Lake Trust Land Reaffirmation Act violates the U.S. Constitution’s separation of powers clause. President Barack Obama signed the act, which put an end to a series of challenges to the federal land trust that allowed the tribe to build its Gun Lake Casino in Wayland.

Patchak, a former Wayland Township trustee, originally filed lawsuits opposing the construction of the casino; he said the traffic would lower his property value, cause pollution and crime and divert resources. In 2008, he sued again, claiming the U.S. Department of Interior did not have authority to take land into trust for the Gun Lake Tribe. In 2012, the Supreme Court voted 8-1 to allow Patchak’s case against the casino to move forward in the lower courts. On May 1, 2017 the court announced it would hear the case in its upcoming session.

Several local governments filed amicus briefs in the case in support of the Gun Lake Casino. Wayland Township supervisor Roger VanVolkinburg said, “We hope that it’s heard and the Supreme Court rules in favor of the law that was passed, stopping all those frivolous lawsuits. The monies that are generated from that 2 percent revenue to local units of government pays for things like the police department. The sheriff’s department gets money from them and the schools get a huge amount of money from them. The township gets two deputies and we pave the roads with that money too.”

Mayor Pro Tem Jennifer Antel added, “The Gun Lake Tribe has continued to be a great community partner. They have supported local schools, municipalities as well as other community projects with their profits. I support their rights to build the casino and believe it to be an asset to the Wayland community.”

The Gun Lake Tribe recently made a revenue-sharing payment of more than $6.7 million, including $3.7 million to the state of Michigan, $1.8 million to the local revenue-sharing board and $1.1 million going to GLIMI, an economic development entity that pursues non-gaming economic development and job creation.

In other news, the Gun Lake Casino recently completed phase two of a $76 million expansion, including high-limit areas for slots and table games and a new bar, called Chill.

Phase one of the 73,000 square foot expansion opened in May with a 300-seat buffet and additional slots and table game. A new performance area, Stage 131, doubled the size of the former space.

In addition, the casino will build a 5-story, 1,200-space, 475,000 square foot parking structure, to be completed next summer. The project created 75 construction jobs. Gun Lake Casino Vice President and General manager Brent Arena said, “These are additional amenities that our guests have asked for and we are happy to provide as we continue to grow, due to the support of our guests, community and team members.”

Gun Lake Casino features more than 2,000 slot machines, 42 table games, a high-limit room, food court, 225-seat café and 300-seat buffet, plus bars, lounges and live entertainment. It’s operated by the tribe’s management partner, MPM Enterprises LLC, owned by an affiliate of Station Casinos Inc. and private investors from Michigan.