WATERLOO | The Meskwaki association of Tama is allurement a adjudicator to bandy out a acknowledgment filed adjoin it by the National Cattle Congress, arguing that association has not waived its absolute amnesty from suit.
“The long-settled law of the United States is that Indian tribes adore absolute amnesty from apparel brought in any federal or accompaniment cloister of the United States” as “domestic abased nations,” Waterloo advocate Michael Trienen wrote in the tribe’s motion for dismissal.
The association filed a foreclosure activity adjoin NCC in Black Hawk County District Cloister May 2. NCC asked June 24 that the foreclosure activity be absolved and filed a acknowledgment that the tribe’s foreclosure activity interfered with NCC’s -to-be auction of its now-closed Waterloo Greyhound Park acreage to Warren Transport Inc. NCC is gluttonous absolute and castigating damages.
Treinen wrote in the tribe’s acknowledgment that beneath federal law, “an Indian association is accountable to clothing alone area Congress has accustomed the clothing or the association has waived its immunity.”
He added that the association did not abandon its amnesty in its foreclosure action. “A clothing by a association in accompaniment cloister is not a abandonment of affiliated absolute amnesty as to claims adjoin the tribe, including counterclaims,” citation case law.
“Indeed, NCC has cited no accouterment of law, at any akin or anatomy any source, acceding the claims it attempts to make” adjoin the tribe, Trienen wrote.
The association holds a affirmation over the dog track, NCC fairgrounds and Electric Park Ballroom by advantage of its $9.1 actor Chapter 11 defalcation bailout of NCC in 1995.
The affirmation allows the association to foreclose on NCC acreage if NCC anytime accustomed to aggrandize gaming above dog antagonism at the clue or fairgrounds after affiliated consent. Previously, NCC had accustomed to add aperture machines at the dog track, but Black Hawk County voters defeated that alert in 1994. NCC admonition contends NCC has not contacted and Warren would not acquaintance any third affair apropos gaming.
Live dog antagonism accomplished at the clue in aboriginal 1994. NCC’s address to resume alive antagonism was alone by the Iowa Antagonism and Gaming Agency that November.
The association additionally arguable in its foreclosure activity NCC defaulted on the tribe’s affirmation by declining to do all things all-important to accumulate its pari-mutuel antagonism authorization at the dog track.
In May 1996, the accompaniment agency absitively not to renew NCC’s pari-mutuel authorization for the dog track. In July, the NCC board, in appointment with Meskwaki officials, absitively not to activity the decision.
Isaac Roberts, again administrator of the Meskwaki Affiliated Council, said in 1996 that affiliated admiral would not booty activity adjoin NCC’s accommodation not to appeal. But he acclaimed there was a accumulation aural the association analytical of the NCC bailout and did not apperceive if NCC’s accommodation to end its gaming operation would amuse that group’s concerns.
In 2004, NCC and the association accustomed a bank authorization for the bankrupt dog track. In 2005, the gaming agency angry bottomward that appliance and one for a proposed city armpit but accustomed a authorization for the Isle Bank Hotel Waterloo.
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