Appeals Court to hear Beloit casino case
Podcast Episode
BELOIT Officials behind the Beloit casino project are looking to the courts and the new Obama administration to move the project forward.
The Beloit casino project's lawsuit will advance because an appeals court Monday rejected the government's motion to dismiss the case. The U.S. Court of Appeals in Washington now will decide whether a January 2008 change to the approval process for off-reservation casinos is lawful.
"We're very excited about finally getting a chance to state our case," tribal spokesman Joe Hunt said.
The lawsuit questions whether Dirk Kempthorne, Department of the Interior secretary during the Bush administration, acted illegally in January 2008 when his department filed a guidance memorandum that "fundamentally changed" the approval process for off-reservation casinos, according to a press release from St. Croix Chippewa and Bad River bands of northern Wisconsin.
The day after the change was made, St. Croix Chippewa says the change was used to deny the trust land applications of 11 tribes around the country, including the Beloit project. The St. Croix are seeking to have the court rule the guidance memorandum is invalid.
The Beloit casino project filed suit challenging the January 2008 guidance memorandum, but a federal judge in October dismissed the lawsuit.
The Beloit group appealed, and the federal government asked the appeals court to dismiss the case, too.
On Monday, the court of appeals rejected the government's request and will take up the question of whether the guidance memorandum is legal.
The Beloit group has two ongoing battles: a political battle and a judicial battle, Hunt said. The group is hopeful the new administration at the Department of the Interior will withdraw the Bush administration changes to the guidance memorandum, Hunt said.
If those changes are rescinded, a January 2009 denial letter on the Beloit project likely would be withdrawn, too, Hunt said.
Kempthorne issued a letter denying the project just days before he left office.
"The denial letter relied heavily on the guidance memorandum, which says Indians can't leave reservations," Hunt said. "If there is no guidance memorandum, logically, the applications that were denied based on that memorandum would have to be reviewed. Ultimately we believe the denial would be withdrawn."

Mar 13, 2009 at 7:02 p.m.
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I thought Gov. Doyle was not behind the casino project. Regardless of the appeal, it's tough sledding for the St. Croix Chippewa.
Mar 13, 2009 at 9:54 a.m.
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The proposal is more than a casino. There were hotels, an outlet shopping center and a waterpark.
In my opinion, ten jobs is more than we have now, and I know ten people that would be happy to have a job.
Mar 13, 2009 at 9 a.m.
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Mickie, those people you speak of will gamble for the wrong reasons regardless of where the casino is. They go to Madison, The Dells, Iowa and IL. They do it in bars illegally as well. Why not put hundreds of construction workers back to work and build it. Hundreds more could staff the place. Lower pay, who cares, better than no pay.
Mar 13, 2009 at 7:55 a.m.
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A Casino would not generate enough jobs to make a difference.. In these type of hard times I believe people may take their "last dollar" believing it will save them.. Dont get me wrong, I love to go gambling, yet in this area we have enough hardships right now. We need to concentrate more on what can be done in this area that could generate jobs where people wont just go throw their money away based on a dream/idea of becoming rich quick.
Mar 12, 2009 at 5:56 p.m.
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If you lose your shirt gambling, then you have a problem. Just like alcoholics have a problem. Maybe we should ban alcohol.
Mar 12, 2009 at 5:19 p.m.
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mickie maybe they could go to a penny slot ,
thats about all people can afford .
Mar 12, 2009 at 4:40 p.m.
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It has been ten years already! What is so hard about this? The people voted for it now build the damn thing already!!!
Mar 12, 2009 at 12:25 p.m.
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Casinos are hardly the source of all evil in the world. We should have all those programs in place already for those businesses that offer 401k plans anyway.
Mar 12, 2009 at 11:43 a.m.
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maybe keep the casino in beloit and convert the gm plant to 1) manfacturing slot machines; 2)meeting rooms for gamblers anonymous, family counseling and other programs to help the folks that lose their shirts or worse.
Mar 12, 2009 at 11:07 a.m.
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Why not put one in the vacant GM plant? Then there wouldn't be a need to build a new one. Adding to my first comment IMO the casino would bring more people to the state that live within driving distance.
Mar 12, 2009 at 11:04 a.m.
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Well if you look at the jobs it could generate in this area what would it hurt? Anything is better then nothing when it comes to jobs and also it would bring in income to the area rather then people going to Iowa and out of area to gamble. People are going to gamble regardless of the economy strain, maybe not as many but IMO a job is a job. and Income is income.......
Mar 12, 2009 at 10:36 a.m.
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Oh yah- Beloit needs a Casino at this point...LOL..
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