Wells Fargo Bank, National Association v. Lake of the Torches Economic Development Corporation

Filing 43

ORDER OF DISMISSAL. Signed by District Judge Rudolph T. Randa on 1/6/2010. (arw) Modified docket text on 1/6/2010 (arw).

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF WISCONSIN

W E L L S FARGO BANK, N.A., a s Trustee, P l a in tif f , C a s e No. 09-CV-768 -vsL A K E OF THE TORCHES ECONOMIC D E V E L O P M E N T CORPORATION, Defendant.

ORDER

U p o n consideration of the briefs, affidavits, declarations and exhibits submitted in this m a tte r, the Court finds that the Trust Indenture is a management contract that was executed w ith o u t prior approval from the National Indian Gaming Commission. See 25 U.S.C. § 711(a)(1). Without prior approval, the entire contract is void ab initio. See First American K ic k a p o o Operations, L.L.C. v. Multimedia Games, Inc., 412 F.3d 1166, 1176 (10th Cir. 2 0 0 5 ); 25 C.F.R. § 533.7. T h e r e f o r e , this case is DISMISSED. A written opinion will be issued in due course. D a te d at Milwaukee, Wisconsin, this 6th day of January, 2010. S O ORDERED,

s / Rudolph T. Randa HON. RUDOLPH T. RANDA U.S. District Judge