IN RE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY

A22-0946.

988 N.W.2d 135 (2023)

IN RE the Matter of the Petition of the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY for a Declaration that the Minnesota Gambling Control Board Engaged in Unlawful Rulemaking.

Court of Appeals of Minnesota.

Filed February 27, 2023.


Attorney(s) appearing for the Case

Skip Durocher , Brian B. Bell , Dorsey & Whitney, L.L.P., Minneapolis, Minnesota; and Philip Brodeen , Brodeen & Paulson, P.L.L.P., New Brighton, Minnesota (for petitioner Shakopee Mdewakanton Sioux Community).

Keith Ellison , Attorney General, Ryan Pesch , Assistant Attorney General, St. Paul, Minnesota (for respondent Gambling Control Board).

Joseph F. Halloran , Jeffrey K. Holth , James K. Nichols , The Jacobson Law Group, Jacobson, Magnuson, Anderson & Halloran, P.C., St. Paul, Minnesota (for amici curiae Prairie Island Indian Community, Bois Forte Band of Chippewa, Lower Sioux Indian Community in The State of Minnesota, Fond du Lac Band of Lake Superior Chippewa, White Earth Band of Ojibwe, and Leech Lake Band of Ojibwe).

Alan M. Anderson , L. Reagan Florence , Alan Anderson Law Firm, L.L.C., Minneapolis, Minnesota (for amicus curiae Pilot Games, Inc.)

Bruce M. Kleven , Minneapolis, Minnesota; and Lloyd W. Grooms , LWG, P.A., St. Paul, Minnesota (for amicus curiae Electronic Gaming Group of Minnesota).

Considered and decided by Larson, Presiding Judge; Bratvold, Judge; and Gaïtas, Judge.


OPINION

In this declaratory-judgment action, petitioner Shakopee Mdewakanton Sioux Community (the community) challenges an administrative-law judge's (ALJ) decision under Minn. Stat. § 14.381. The community argues the ALJ erred when it determined that respondent Minnesota Gambling Control Board (the board) had not adopted...

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