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Indian Law: Consent Decree – Modification – Casino
Stephanie Maniscalco//January 17, 2013
Where a city opposed an Indian band’s motion to dissolve a consent decree in a dispute arising from the parties’ establishment of a gambling casino, the district court under Rule 60(b)(5) properly relieved the band of prospective compliance with the 1994 consent decree but the denial of retrospective relief for the band’s obligation to pay rent withheld for two years is reversed and remanded.
Judgment is affirmed in part; reversed in part; remanded.
City of Duluth v. Fond Du Lac Band Of Lake Superior Chippewa (MLW No. 64546/Case No. 11-3883 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Appealed from U.S. District Court, District of Minnesota, Nelson, J. (Vanya S. Hogen, St. Paul, Minnesota, argued for appellant; Dennis J. Peterson and Jessica Intermill appeared on the brief) (David Parker Sullivan, Madeira Beach, Florida, argued for appellee; Robert C. Maki, Alison Lutterman and Shawn Brent Reed appeared on the brief).
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