White Earth Band of Chippewa Indians, The v. Mahnomen, County of et al
| White Earth Band of Chippewa Indians, The |
| Mahnomen, County of and Frank Thompson |
| 0:2007cv03962 |
| September 13, 2007 |
| US District Court for the District of Minnesota |
| DMN Office |
| Mahnomen |
| Michael J. Davis |
| Raymond L. Erickson |
| Contract: Other |
| 25 U.S.C. ยง 2701 Indian Gaming Regulatory Act of 1988 |
| None |
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Filing
98
MEMORANDUM OPINION AND ORDER 1. GRANTING in part and DENYING in part Defendants' 25 Motion to Dismiss. The Motion is GRANTED as to Plaintiffs' claim for money damages, Count V, and such claim is DISMISSED WITHOUT PREJUDICE. The Motion is DENIED with respect to Counts I-IV. 2. The Plaintiffs' 52 Motion for Summary Judgment as to Counts II, III and IV is GRANTED. 3. The Defendants' 85 Cross Motion for Summary Judgment is DENIED as to Counts II, III and IV, and DISMISSE D as untimely as to Counts I and V. 4. It is Declared that the Casino Property is not now, and has not been, subject to ad valoreum property taxation by the State of Minnesota or its political subdivisions since the date in 1991 the lands were acquir ed with WELSA funds by the Plaintiffs. 5. Defendants are permanently enjoined from taking any action assessing, collecting or enforcing ad valoreum property taxes on the Casino Property, including prosecution of any foreclosure action noticed by Defendants pursuant to Minnesota Statutes Chapter 279 (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/24/09. (GRR)
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