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The Scott County Board voted not to challenge, but Shakopee’s City Council decided to fight on.
By David Peterson, Star Tribune
A closely divided Scott County Board will not appeal a federal decision granting the Shakopee Mdewakanton Sioux Community the right to pull hundreds of acres of land off the tax rolls.
Three hours after that call, however, the Shakopee City Council voted unanimously to fight on.
The County Board voted 3-2 to drop the case after five hours of debate behind closed doors over two separate days, beginning last week.
“We all acknowledged it was a very difficult decision,” said the board’s chairwoman, Barbara Marschall, of Prior Lake. “There is concern about an uncertain outcome to what would be costly and lengthy legal proceedings.”
The two commissioners wanting to fight on were those whose districts are closest to the parcels of land involved, which are in Shakopee and Prior Lake: Marschall and Jerry Hennen of Shakopee. The other commissioners are from Savage, Jordan and New Market, all who are more removed from the dispute.
Glynn A. Crooks, the tribe’s vice chairman, said he is “very pleased with the decision,” and he stressed that it will not lead to an expansion in gambling within the county.
“Even if we wanted to put a casino there, we couldn’t” under the terms of the federal application, he said. “Our main priority is additional housing for our members. We may one day have a cultural center on that land or some government buildings, powwow grounds, whatever.”
Shakopee City Administrator Mark McNeill stressed that the council’s decision leaves all its options open: It can still negotiate a deal with the tribe.
Though more of the land is within Shakopee’s borders than any other city, the county’s decision put the financial burden of a lawsuit on the city alone.
The U.S. Bureau of Indian Affairs decided this summer that the tribe, which owns Mystic Lake Casino Hotel, could move 752 acres off local property-tax rolls and into a tax-exempt trust. In addition to being released from millions in tax payments over the decades, the decision also gives the tribe wide latitude in deciding what goes where, without concern about zoning rules of its neighbors.
County Administrator David Unmacht said that despite the length of time it took to make the decision, the discussions were “respectful. All five commissioners could see the pros and cons of either decision.”
Marschall said the commissioners who lost the argument “are certainly willing to accept the decision of the majority. As one of my colleagues said, ‘The county benefits from a good relationship with the tribe, and we look forward to a new day'” of cooperation after many years of tension.
The tribe’s $10 million contribution toward a new University of Minnesota football stadium was announced just as board members were nearing a decision. Marschall said she had no opinion as to whether the timing was deliberate.
Said Crooks: “The one had nothing to do with the other.”
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