To: TMAZZ who wrote (3041 ) 1/24/1999 1:17:00 PM From: John Lawrence Read Replies (1) | Respond to of 5164
NIGC, Title 25, Chapt. 29. In answer to TMazz, 3002 has no lawyer's name attached to it because no lawyer would want his name associated with it. If we give 3002 any credence, which as Kidl, Archangel, and Vee suggest is questionable, the contents contain major errors in fact and reasoning. A consideration of the problematic reference in 3002 to the NIGC (which regulates some aspects of Indian Gaming under U.S. Code, Title 25, Chapt.29), provides a revealing example of why a lawyer did not sign 3002. The reference in 3002 to the absence of NIGC approval is irrelevant (regardless of the red-herring citation of chapter and verse). The whole process of casino development is only just about to reach the stage when an application to the NIGC will be made. NIGC approval has not yet been given, because it has not yet been applied for, nor should it have been. The NIGC application process comes next. There is nothing in the contract between the company and the Band which stipulates that NIGC approval had to be obtained already. One cannot argue that because the NIGC process has not been initiated, therefore the pre-existing conditions of the contract between Sungold and the Band do not apply. In fact, the contrary is true. The fact that NIGC approval can now be considered is a product of the assistance Sungold has provided the Band. Because of the financial support Sungold has provided the Band, it is now federally recognized. Because of Sungold's management expertise, the Band has now been presented by Sungold with a proposal which includes land, an operator and financing. The fact that the Band is now nearly ready to apply to the NIGC is exemplary of the fact that Sungold has fulfilled the terms of its contractual obligations to the Band. Clearly, a contract which has resulted in such substantial outcomes, and which will yield more success, is not one which will be undone by a post on an e-chat-line. (references to the contract between the Company and Band are based on publicly available documents)