Court allows public nuisance suits against 3 Alabama casinos
Family Law
Courts in two rural counties were wrong when they dismissed lawsuits filed by the state seeking to have three casinos declared public nuisances, the Alabama Supreme Court ruled Friday.
The decision meant the state can resume cases challenging operations at VictoryLand in Macon County as well as White Hall Entertainment and Southern Star Entertainment in Lowndes County.
Neither the state attorney general’s office nor an attorney on the side of a company involved with the casinos immediately replied to messages seeking comment.
The state, which has repeatedly attempted to shut down gambling halls with electronic games resembling slot machines, filed separate lawsuits in 2017 asking courts to declare that the casinos, located east and west of Montgomery, were public nuisances because they promoted illegal gambling.
The defendants asked courts to dismiss the lawsuits, arguing that state courts did not have the power to hear the cases and claiming the attempted shutdowns were wrong since the state did not include Wind Creek casinos operated by the Poarch Band of Creek Indians in the case.
A county judge sided with the casino operators and dismissed the Macon County lawsuit last year, and the justices considered both cases for purposes of appeal since they involved issues that were virtually identical.
In a 74-page opinion written by Associate Justice Kelli Wise, the court ruled the Poarch Band of Creek Indians, based in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.
in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.
While the county judges both determined they lacked the legal power to consider the cases, helping lead to the dismissals, the state argued the courts can consider the suits. The justices agreed and sent the cases back to circuit court.
Related listings
-
Shooting outside US court in Phoenix wounds federal officer
Family Law 09/16/2020A drive-by shooting wounded a federal security officer outside the U.S. courthouse in downtown Phoenix on Tuesday, and a person was later taken into custody, authorities said. The officer was taken to a hospital and was expected to recover, according...
-
Immigrants anxious as they await Court DACA decision
Family Law 06/04/2020Reyna Montoya’s hands get sweaty and her throat feels like it’s closing just talking about the anxiety of every Monday this spring.The immigrant rights activist who's shielded from deportation and allowed to legally work in the U.S. under...
-
Court to Trump: Blocking Twitter critics is unconstitutional
Family Law 07/09/2019President Donald Trump lost a major Twitter fight Tuesday when a federal appeals court said that his daily musings and pronouncements were overwhelmingly official in nature and that he violated the First Amendment whenever he blocked a critic to sile...
USCIS to Begin Accepting Applications under the International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.
Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.
However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.