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UW Law Professor Says It’s Likely Rejection Of Casino Will Lead To Legal Action

Monette Says Menominee, Hard Rock Could Have A Strong Case

Shawn Johnson/WPR

An expert in Native American legal affairs says he fully expects Gov. Scott Walker’s decision to reject the Menominee Nation’s Kenosha casino proposal to lead to legal action.

Richard Monette is a University of Wisconsin-Madison law professor who also serves as faculty adviser to the Great Lakes Indian Law Center. He said the Menominee and their development partner — Hard Rock International — could potentially go to both federal and state court.

“They have five or six targets to aim for, and some big onessome big, overarching constitutional questions that have never been addressed in this scenario,” said Monette.

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One of the bigger questions is whether the federal Bureau of Indian Affairs has the power to grant governors veto power over land trust issues.

Monette said he’s convinced that the Menominee legal case is as strong or stronger than what the Potawatomi would have had if the governor had approved the Kenosha proposal.

Thursday was the last opportunity for Walker to change his mind about the proposal.