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TOMAC v. NORTON

No. Civ.A. 01-0398(JR).

193 F.Supp.2d 182 (2002)

TOMAC, Plaintiff, v. Gale A. NORTON, Secretary, U.S. Department of the Interior, et al., Defendants.

United States District Court, District of Columbia.

March 29, 2002.

Attorney(s) appearing for the Case

Rebecca A. Womdeldorf, Joe G. Hollingsworth, Stephen A. Klein, Spriggs & Hollingsworth, Washington, DC, William C. Fulkerson, Daniel K. DeWitt, Robert J. Jonker, Daniel P. Ettinger, Warner Norcross & Judd, LLP, Grand Rapids, MI, for plaintiff.

Frances M. Zizila, Indian Resources Section/ENRD, U.S. Department of Justice, Washington, DC, for defendants.

Reid Peyton Chambers, Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC, David Michael Peterson, Butzbaugh & Dewane, P.L.C., St. Joseph, MI, Harold George Schuitmaker, Schuitmaker, Cooper & Schuitmaker, Paw Paw, MI, for Amici Curiae New Buffalo Township, Michigan and City of New Buffalo, Michigan.

MEMORANDUM

ROBERTSON, District Judge.

In this suit, plaintiff Taxpayers of Michigan Against Casinos (TOMAC) challenges a decision by the Bureau of Indian Affairs to take land into trust so that the Pokagon Band of Potawatomi Indians can build a casino. Several motions are pending. For the reasons set forth below, defendants' motion to dismiss or in the alternative for summary judgment will be granted in part and deferred in part. Plaintiff's motion...

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