Dewberry v. Kulongoski

Full Case Name
Susan DEWBERRY, Carole Holcombe, Suzanne Danielson, Arnold Buchman, Don Heath, and Dale Schaffner, Plaintiffs, v. The Honorable Theodore R. KULONGOSKI, Governor of the State of Oregon, Other Executive Officers in the State of Oregon, and the Confederated Tribes of Coos, Umpqua, and Siuslaw Indians, Defendants
Description

A group of individual plaintiffs challenged the validity of the gaming compact entered into by the State of Oregon and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (the Tribes), which allowed development of the Hatch Tract by the Tribes for gaming purposes. The Court held that the plaintiffs lacked standing and dismissed the case.

Date
12-21-2005
Court
United States District Court for the District of Oregon
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Florence, Oregon
Disputed Act

A group of individual plaintiffs challenged the validity of the gaming compact entered into by the State of Oregon and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (the Tribes), which allowed development of the Hatch Tract by the Tribes for gaming purposes. The plaintiffs alleged that they would be harmed by the Tribes' casino on the Hatch Tract through higher taxes, reduced property values, increased traffic congestion, increased air, noise and light pollution, and the detrimental effect on local businesses.

Holding
The District Court held that the plaintiffs lacked standing to challenge the Tribes' right to conduct gaming under the State of Oregon's gaming compact. The Court further held that the Tribes had not waived their sovereign immunity and had not consented to the suit. The Court dismissed the case.
Disposition