Stockbridge tribe tries to keep casino lawsuit alive

Judge says it waited too long to sue Ho-Chunk

MADISON – The Stockbridge-Munsee tribe is trying to revive its lawsuit over a Shawano County casino, while Wisconsin officials are seeking a court order forcing the tribe to pay the state nearly $1 million.

The Stockbridge-Munsee Community in April sued the Ho-Chunk Nation and the state over Ho-Chunk plans to expand the casino it operates in Wittenberg near one run by the Stockbridge in Bowler. The Ho-Chunk opened its expanded gambling floor earlier in November and plans to open a larger hotel on the site soon.

U.S. District Judge James Peterson in October dropped the Ho-Chunk from the lawsuit, finding the Stockbridge had waited too long to sue the other tribe, which opened its casino in 2008.

The state on Wednesday seized on that finding and asked Peterson to drop the claims against Wisconsin on the same grounds.

The state also renewed a request it made earlier for a court order that would force the Stockbridge to pay nearly $1 million to the state. Like other tribes, the Stockbridge typically makes annual payments to the state for its gambling operations, but this year it refused to pay because of the casino dispute.

For its part, the Stockbridge asked Peterson to keep the case alive. It argued the six-year statute of limitations for suing over the Ho-Chunk casino did not apply to Wisconsin.

Separately, it sought to amend its initial lawsuit to bring the Ho-Chunk back into the case. In part, the Stockbridge argued the state and Ho-Chunk had conspired in 2003 to prevent other tribes from knowing they were taking away their market protections by negotiating a deal that would allow the HoChunk to expand its Wittenberg casino.

Peterson is expected to rule on the issues raised in the recent filings in the coming months.