Officials at the Gun Lake Casino and of the Gun Lake Tribe of Pottawatmis are breathing a sigh of relief today. The long legal war against their existence is officially over.
The Supreme Court U.S. Supreme Court has ruled that Congress acted properly and legally when it ended a lengthy lawsuit contesting the establishment of the Gun Lake Casino by the tribe and its opening in February 2011. Congress, led by Michigan Senators Debbie Stabenow and Gary Peters, passed legislation that resulted in the lawsuit’s dismissal.
The suit, filed by Wayland Township resident David Patchak, first appeared in 2008 after the Match-E-Be-Nash-She-Wish Band of Pottawatomis won approval to build the casino at Exit No. 61 (Bradley) on U.S.-131. Patchak owns property nearby and had standing in the suit, but many believe he was just the spokesperson for other economic interests.
Patchak at first was allowed to proceed with the lawsuit, but Congress soon afterward passed a law dismissing it. Patchak, through his attorneys, argued that Congressional action in this case was improper.
Scott E. Gant argued on Patchak’s behalf that Congress has overstepped its authority when it passed the law, violating separation-of-powers by improperly directing the result in the case.
Six justices voted in the casino’s favor.
Justice Clarence Thomas wrote that the law Congress passed was “a valid exercise of Congress’ legislative power” and “does not infringe on the judicial power.” Three justices led by Chief Justice John Roberts dissented.
Gun Lake Tribe Chairman Scott Sprague said, “This decision ends a decades-long struggle, and ensures the tribe can carry on our elders’ vision for growth and self-sufficiency. We are thankful the Supreme Court upheld the many lower court decisions in favor of the tribe. This is a significant development for not only the Tribe, but also all of Indian Country.”
The casino established by the Gun Lake Tribe is one of 26 in Michigan, and its has expanded ever since it was first built and opened seven years ago. The tribe paid more than $17 million to the state and local governments in 2016 as a result of its casino operation.
I am so delighted to hear that this long legal nightmare for the Gun Lake Tribe is over. Prior to the casino being built, there was speculation that the casino would bring crime, drugs, prostitution, vile behavior by drunks on surrounding private property, and more wretchedness than one could imagine. None of that materialized. In the intervening years since, the Tribe has been an excellent neighbor, not just to its immediate surroundings, but to the Township, the City of Wayland, the Wayland Union Schools, local libraries and libraries county-wide, and more. Now that they no longer have to expend valuable financial resources on a baseless legal battle, the Tribe can do even more for the betterment of its people and the people of Allegan County.
Congratulations to the Tribe for its perseverance and triumph over a needless waste of time and money.
I am so happy for the Tribe and all people around this area. What an asset the Tribe and casino are to our area. Thanks to all for their hard work and patience. It is paying off for all.