Stockbridge-Munsee Community v. State of Wisconsin

Dist. Ct. did not err in dismissing as untimely plaintiff-tribe’s action under Indian Gaming Regulatory Act (IGRA) seeking to enjoin defendant-competing tribe from expanding its casino to include more slot machines, as well as restaurant and hotel on grounds that defendant’s casino was not located on parcel of land that was held in trust on behalf of defendant-tribe as of October 17, 1988, and that defendant-tribe’s existing casino was “primary” gaming facility, as opposed to “ancillary” gaming facility as required in defendant-State’s contract with defendant tribe. Record showed that Dept. of Interior took subject parcel into trust for defendant-tribe in 1986, and plaintiff’s claim that Dept. should not have done so expired in 1992. Moreover, while plaintiff wants defendant-State of Wisconsin to enforce “ancillary” language, said request is not cognizable remedy under IGRA, and thus plaintiff lacks any federal rights under Wisconsin’s contract with defendant-tribe to enforce said language. Ct. further found that Wisconsin’s six-year limitation period applied to plaintiff’s contract claim, and that instant lawsuit was filed beyond said period.