By Staff
The casino project proposed by the Dowagiac-based Pokagon Band of Potawatomi Indians continues to be blocked by the Taxpayers of Michigan Against Casinos (TOMAC), delaying creation of more than 3,500 jobs in the New Buffalo region, along with other economic benefits.
TOMAC has appealed the ruling issued by a federal judge that cleared the way for the Bureau of Indian Affairs to take land into trust for the tribe to build the Four Winds Casino in Berrien County's New Buffalo Township.
It is the tribe's understanding that an agreement has been reached to not take the land into trust during the appeal process in exchange for TOMAC agreeing to a "fast track" hearing process.
Federal District Judge James Robertson's March 24 ruling was his third opinion in a lawsuit that has lasted more than four years.
Each ruling has dismissed additional arguments made by TOMAC in its attempt to delay or stop development of the Pokagons' casino.
TOMAC has also lost three straight rulings on its attempt to delay the casino development in Michigan courts.
While the Band was ready to force TOMAC to file a motion to stop the trust acquisition pending appeal, and to demand a bond if TOMAC was able to do so, the decision to hold off during the appeal process means that the Band cannot make that fight.
"We are frustrated about another delay and that we cannot square off with TOMAC on this issue," said Chairman Miller. "We were looking forward to going toe-to-toe with them in court. However, because the Secretary has agreed to delay taking the land into trust in order to quickly conclude this case once and for all, we will now focus our energy on defeating the appeal."
No new information can be introduced during the appeal. However, the court has agreed to allow the Pokagons, New Buffalo Township and City of New Buffalo to intervene in the case.
The tribe plans to build the Four Winds Casino in two phases. The first phase will include the casino, six restaurants and a parking garage for 2,200 cars. The second phase will include a hotel and special events center. Economic studies predict the casino will support 3,500 new jobs in the community with 2,000 new jobs created directly at the casino. The study also estimates payments of more than $20 million to the State and more than $4 million a year in direct payments to governments and agencies in the region.
There are nearly 3,000 tribal members of the Pokagon Band, approximately 1,500 of which live in Michigan and Indiana. Their 10-county service area includes Allegan, Berrien, Cass, Van Buren counties in Michigan and Elkhart, Kosciusko, Laporte, Marshall, Starke and St. Joseph counties in Indiana.