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The commission also agreed with the state Department of Commerce’s assessment that the cooperative’s actions were driven by concerns over lost electricity sales rather than legitimate safety risks.
Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.
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The methods allegedly used by the duo mirror those employed by organized crews in a wave of burglaries targeting gaming establishments across the state, particularly in the Chicago suburbs.
Police allege Heckman and Ziemer typically gained entry through the roof, cut the power, and used sledgehammers and crowbars to smash or remove ATMs.
Their targets included Nellie’s Tavern in Decatur, where an ATM was stolen July 17, and Debbie’s Gaming, also in Decatur, where thieves failed to pry an ATM from the floor July 30.
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However, McFadden’s ruling left the door open for Interior to formally reconsider the underlying gaming eligibility question.
Scotts Valley has maintained that federal officials reversed course under intense political pressure from the Yocha Dehe Wintun Nation, a neighboring tribe that opposes the Vallejo casino development.
During Friday’s hearing, McFadden appeared skeptical that Scotts Valley had met the rigorous legal standard required to demonstrate irreparable harm. He has not yet issued a ruling on the preliminary injunction request.
