Court ruling clears path for Pokagon casino development

Observer Staff

7/5/2005 12:00:00 AM

Federal District Court Judge James Robertson has ruled in favor of the Pokagon Band of Potawatomi Indians by dismissing the last remaining issue filed in the lawsuit by Taxpayers of Michigan Against Casinos (TOMAC).

The ruling clears the way for the Bureau of Indian Affairs to take a 675-acre parcel of land in New Buffalo Township into trust for the Tribe. Once the land is taken into trust, the Pokagons will embark on their casino development.

"This is a great day for the Pokagons and all our supporters in southwest Michigan," said Pokagon Tribal Chairman, John Miller. "Today, justice was done for our members and their families. The perseverance and patience of the Pokagon people is a testament to the generations that came before us. The Pokagons are one step closer to self sufficiency - one step closer to providing housing, health care and educational opportunities for our Tribal members."

Robertson's 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 their attempt to delay or stop the development of the Pokagons' casino.

TOMAC has been connected to the same law firms and public relation firms paid by Blue Chip Casino in Michigan City, Ind.. Blue Chip allegedly paid its former owner, Kevin Flynn, more than $7.5 million for his effort to delay the Pokagon casino development.

The Pokagons will now urge the Department of Interior and the Bureau of Indian Affairs to move forward with its decision to take the land into trust. Once that process is completed, the Tribe will begin formal construction of their 144,000-square-foot Four Winds Casino Resort. It is expected that the construction will take about 18 months until the casino is open for business.

"We cannot wait to begin construction," said Miller. "The building process alone will support more than 1,000 high paying construction jobs. The community will see a very positive impact almost immediately."

The Four Winds Casino will be built 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.

"We have many people to thank for sticking with us and believing in this project," said Miller. "But, on behalf of our Tribal members, I would especially like to thank the good people of New Buffalo and New Buffalo Township. Their never wavering support made our case unbeatable. We look forward to being community partners with them. "

There are nearly 3,000 Tribal members of the Pokagon Band, about 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.

In his ruling, Robertson noted that the bureau's environmental assessment found the area's zoning restrictions would control growth-induced impact, there would be no significant impact on air quality and local authorities would expand services for the area's water and sewage systems.

"BIA has not ignored any areas of concern, it has taken a �hard look' at problems raised and its assessments are not arbitrary or capricious," Robertson wrote. "The law requires no more."