It's too late for David Patchak to block the opening of a tribal casino near his home in Shelbyville, but he'll still have a chance to shut it down. The U.S. Supreme Court on Monday agreed to let Patchak's lawsuit proceed. In it, he challenges the transaction behind the opening of the casino, i.e., the federal government's purchase of the 147-acre tract on which the casino was built.
The government and the tribe claimed Patchak's suit was barred by the Federal Quiet Title Act. But the high court disagreed, voting eight to one to affirm the federal appeals court's ruling that the government waived its sovereign immunity under the Administrative Procedure Act. It also found that Patchak had prudential standing to challenge the acquisition.
Of additional interest is the fact that by arguing this case, Patricia Millet, the tribe's attorney, became the woman with the most Supreme Court oral arguments of all time, with a total of 31.
Click here to read the full text of the decision in Match-E-Be-Nash-She Band v. Patchak.
Read earlier SBM blog posts on this case:
Posted by SBM Staff