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Court Blocks New Mexico Indian Casinos Payment Deal20 September 2001SANTA FE, New Mexico –Sept. 20, 2001 –As reported by the Albuquerque Journal: "A federal appeals court on Tuesday blocked speedy approval of the Indian gambling agreement to recover $91 million in revenue-sharing back payments owed to the state. "The 10th U.S. Circuit Court of Appeals denied a motion that would have given U.S. District Judge Bruce Black authority to approve the back-payment settlement with 10 Indian tribes. "Attorney General Patricia Madrid said in a statement issued Tuesday that she was disappointed by the ruling. "…The 10 tribes agreed to make back payments at the rate of 16 percent under the 1997 compacts to settle the lawsuit filed against them by Madrid, who sought to close the casinos if the back payments weren't made. "…Initially, the tribes challenged Madrid's lawsuit, arguing they have sovereign immunity from such suits and also the federal courts lacked jurisdiction. "…Last month, Madrid and the 10 tribes asked Black to approve the settlement agreements. But Black declined, saying he wasn't sure if he had the authority pending a decision from the appeals court. "So, Madrid and the 10 tribes asked the appeals court to send the case back to Black for the limited purpose of approving the settlement agreements. "…The 10th Circuit ruled that it couldn't keep jurisdiction over the appeals and at the same time confer jurisdiction upon the district court to enter the consent decrees.' "The court said it would send the case back to Black if the 10 tribes dropped their appeals…" |