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Michigan State Supreme Court Recognizes Deal Between Gov. Granholm and Odawa Indians
On June 1, 2007, Gov. Jennifer Granholm of Michigan was legally permitted to allow the Little Traverse Bay Bands of Odawa Indians to construct another casino facility in the state in exchange for more profits for the state government, according to the ruling of the state Supreme Court.
The 5-2 decision made by the court upheld the deal with the tribe. The gaming compact received no permission from the state legislature after it was modified in 2003.
Justice Michael Cavanagh, speaking for the majority, commented that the original gaming compacts that are modified in 1998 by former Gov. John Engler had a clause permitting the Governor to act for the state regarding the gaming amendments.
During the meetings with the Odawa Tribe, which currently runs a gambling casino in Petoskey, Gov. Granholm agreed to let the tribe build another casino in Mackinaw City in exchange for the tribe giving a higher profit percentage to the state.
Odawa Tribal Chairman Frank Ettawageshik said that the case was not about another casino, but rather about the process of approval of compact amendments.
Ettawageshik stated that the tribe is not planning to open a casino in the near future. They are currently focusing their attention on opening their new Petoskey casino facility in July.
Back in 1999, an anti-gambling organization challenged the legality of some of the state's gaming deals because the state legislators supported them in some resolution, an easier way compared to the passing of the bill.
The tax payers of Michigan Against Casino (MAC) commented that not applying for legislative approval of the Odawa Amendments violated the clause of the separation of the power of the state in the constitution.
Chief Justices Clifford Taylor, Maura Corrigan, Marilyn Kelly and Robert Young Jr. sided with the majority opinion which changed the decision made by the Michigan Court of Appeals. Chief Justices Stephen Markman and Elizabeth Weaver sided against it, saying that the gaming compacts should have been approved by the legislation.
Michigan currently has 20 casinos, including 17 casinos operated by American Indian Tribes and 3 casinos in Detroit.
Tuesday, June 26 , 2007
Brian Letendre