DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113883P.pdf 01/14/2013 City of Duluth v. Fond Du Lac Band of Chippewa
U.S. Court of Appeals Case No: 11-3883
and No: 11-3884
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
Civil case - Indian Gaming Regulatory Act. A binding adjudication by
a federal agency, which has been tasked with interpreting and enforcing a
statute enacted by Congress, represents a change in the law for the
purposes of Rule 60(b); here, the National Indian Gaming Commission's
decision that the agreement between the parties concerning the operation
of a casino was in violation of the Indian Gaming Regulatory Act made
illegal what the earlier consent decree between the parties was designed
to enforce, and the district court did not err in deciding to grant
prospective relief from continued enforcement of the 1994 consent decree
by dissolving the decree as it related to the years 2011-2036; the district
court erred in concluding that it could not grant retrospective relief under
Rule 60(b)(6) and its ruling denying retrospective relief on rent payments
from 2009 to 2011 is reversed, and the question remanded for further
consideration.