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Judge reviews tribe's complaint


By Ashley Rhodebeck
Daily News staff writer
Published: Thursday, January 17, 2008 11:47 AM CST
Representatives from the Beloit Casino Complex Project are “guardedly optimistic” after a Washington, D.C., court appearance earlier this week, spokesman Joe Hunt said.

“We didn't come away from the meeting believing this is going to be the end of this battle,” he said.

Several members of the St. Croix Chippewa Indians of Wisconsin tribal council traveled to the country's capital to listen to their attorney and the government's argue before a judge about the complaint the tribe filed against Secretary of Interior Dirk Kempthorne and Assistant Secretary of Indian Affairs Carl Artman last month.

In the complaint, the St. Croix claim the men exceeded their authority by attempting to change the land into trust approval process in such a way that would make it easier for the agency to deny an off-reservation application.


Last week the tribe amended its complaint to directly challenge the men's actions that, the tribe alleged, led to the rejection of several tribes' land-to-trust applications.

Tuesday's oral arguments lasted a couple hours, during which, Hunt said, the tribe's legal representatives maintained Kempthorne and Artman are changing the rules without having the authority to do so.

The men's attorney argued they haven't harmed or damaged the St. Croix because they haven't sent the tribe a denial letter.

“We believe when you look at the issue clearly the changing of the rules by the Interior is damaging the tribe,” Hunt said, noting the amount of time and money the tribes, city and county have invested in Beloit's casino project.

Hunt said it's difficult to say when the judge will make his decision.

If the judge rules in favor of the St. Croix a restraining order would be granted, meaning no decision could be made about its application until the question of whether the Bureau of Indian Affairs can change the rules has been decided.

“Of course, if he should decide in the government's favor, the tribe would immediately appeal that decision,” Hunt said. “We've worked very long and hard to get to the point where we are Š We are going to fight and do whatever it takes to get this thing done.”

The St. Croix and Bad River bands of the Chippewa have proposed an off-reservation casino in Beloit and would probably have received a denial letter to take land into trust with the 22 other Indian tribes earlier this month had it not been for the St. Croix's pending litigation, Hunt has said. Prior to Tuesday's meeting, the government's attorney and tribe's legal counsel agreed no decision was to be made on the Beloit casino application until a judge heard the case.



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