-There is a big stink going on in Fort Lauderdale regarding the actions of the Seminole tribe of indians of Florida. It seems that they are tearing up a signed lease of some of their land and forcibly removing the tenants.
A recent Federal court order changed that; The big question is whether or not the tribe will obey the order!
Apparently, if you enter into a contract with an indian tribe, they can simply refuse to pay or deliver on their end, and you have very little recourse in the court system.
Here's the article:
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Michael Mayo
Sun Sentinel Columnist
Three years ago, the Seminole Tribe settled a business dispute with the managers of a mobile home park by calling in its armed muscle. A dozen tribal cops seized the rental office and kicked out employees as tribal leaders announced they were reclaiming control of the land on its Hollywood reservation.
It seemed a typical strong-arm tactic by a powerful local outfit used to throwing its weight around as a "sovereign nation."
Turns out the Seminoles might have overstepped their authority, even on their own territory.
Last week, in a stunning rebuke to the tribe and its sovereign status, a federal judge ordered the property returned to the management company.
It's just one case, and it's just a preliminary injunction, but the ruling could put a dent in the Seminoles' disconcerting habit of getting out of contracts they don't like by invoking their tribal status. Or sending in the guys with guns.
On Monday, the tribe is supposed to turn over "physical and financial control" of the Seminole Estates mobile home park, formerly known as Hollywood Mobile Estates, to the management firm that was forcibly evicted in July 2008.
Whether this actually happens is anyone's guess.
Remember, the Seminoles, who have become wealthy beyond imagination with their casino operations, like to call themselves "The Unconquered."
"The tribe is considering its next steps," tribal spokesman Gary Bitner said Wednesday.
U.S. District Judge William Dimitrouleas, who once warned businesses about entering into contracts with the tribe, which isn't subject to all U.S. and Florida laws, made the July 1 ruling after a federal appeals court overturned part of his earlier decision tossing the entire case.
Given this opening, Dimitrouleas found the former management firm could suffer "irreparable injury" if he didn't act. He noted the tribe didn't give the management firm proper notice or time to fix alleged lease violations. And he concurred with the management firm's contention that "the public interest is served by compelling (tribal) compliance with the law."
"It is a big, and proper, victory," said Dan Adkins, vice president of Hartman & Tyner, a Michigan company that's been a partner in Hollywood Mobile Estates since 1986. Hartman & Tyner also owns the Mardi Gras Casino in Hallandale Beach.
Hollywood Mobile Estates had a lease to run the mobile home park through 2024. The lease, approved by the U.S. Interior Department's Bureau of Indian Affairs, called for the Seminoles to get 15 percent of annual revenues.
The Seminoles originally leased the land in 1969 to a developer who built the mobile home park.
The 138-acre tract, just south of the Seminole Classic Casino on State Road 7, has 753 units that house roughly 2,000 elderly residents. The residents own their trailers but pay monthly rent for the land and trash pick-up.
When the Seminoles took over in 2008, they told residents that the community would remain open for at least five years. But they also reminded residents that they could be forced to leave at any time. Bitner said the land comprises nearly 25 percent of the Hollywood reservation, and that the tribe has a "severe housing shortage" for its 3,200 members.
Bitner said the former management company failed to develop a potentially lucrative commercial strip on the property, allowed the park to fall into disrepair, and desecrated a tribal cemetery on the grounds. Adkins said those claims are untrue.
"The tribe saw itself with little choice but to act to protect this valuable tribal resource from further neglect," Bitner said.
The attorney for the Seminole Estates residents' association and its president didn't know about the judge's order until I told them.
"I really don't know what's going on, so I don't want to comment," said association president Nancy Gallagher.
Said association attorney Louis St. Laurent: "The residents might have more legal protections and long-term security with the [old] management in place, but until I see them physically on the property it will be hard to believe."
Adkins said his attorney, Bruce Rogow, who helped the Seminoles win numerous legal victories in their gambling expansion, is trying to get clarification from tribal attorneys about what comes next.
Adkins said the tribe might appeal the judge's ruling.
"Or they might be defiant, and just ignore the judge's order," Adkins said. "Could they be found in contempt of court? Who knows?"
I asked Adkins what he'll do on Monday: Does he ask for U.S. marshals to accompany him as he tries to reclaim the property? Might there be a confrontation if tribal authorities block his entry?
"I just typed that exact question in an e-mail to Bruce," Adkins said. "I don't know. These are uncharted waters."