Monday, August 1, 2016

Latest Court Decision May Predict Trouble for Jamul's "Graveyard" Casino

A federal court decision just handed down ruled against the under-construction, $1 BILLION Mashpee Tribal Casino in Massachusetts. Look at the striking similarities to Jamul Hollywood $350 million "Graveyard" Casino:
Construction began on the $1 BILLION "First Light Casino and Destination Resort" three months ago.

SOME STRIKING SIMILARITIES
(on first reading by a non-lawyer!)

Like Jamul Indian Village—casino construction is already underway (3 months).
LIke Jamul Indian Village—the land does NOT qualify for gambling.
LIke Jamul Indian Village—the Mashpee tribe was NOT recognized under 1934 Indian Reorganization Act; therefore its land is not eligible for gambling.

Most importantly—
Jamulians Against the Casino (JAC) vs. Jamul Indian Village (JIV) HAS NOT YET BEEN HEARD in Federal Court.

FROM THE BOSTON GLOBE...
"Plans by the Mashpee Wampanoag Tribe to build the $1 billion First Light Resort & Casino in the southeastern Massachusetts city of Taunton could be in jeopardy after a federal judge ruled against the federal government’s 2015 land-into-trust decision...
"In his ruling, [Federal Court Judge] Young declared that the Department Of The Interior had lacked the authority to approve the land-into-trust application from the Mashpee Wampanoag Tribe as the tribe had not been federally recognized at the time the landmark 1934 Indian Reorganization Act was passed. He cited the 2009 decision from the United States Supreme Court in the case of Carcieri v Salazar and claimed that tribes could only be eligible for a reservation if they had held an official relationship with the federal government at the time this legislation was ratified."     
https://www.bostonglobe.com/…/Bsor5BOAVqnv6ILtuV…/story.html