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1998 Connecticut Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagct0017 and id is 1 raw text is: 1998 Formal Opinion, Attorney General of Connecticut Attorney General's Opinion Attorney General Richard Blumenthal January 12, 1998 George F. Wandrak Acting Executive Director Division of Special Revenue P.O. Box 11424 Newington, CT 06111 Dear Mr. Wandrak: You have asked for an opinion regarding the interpretation of certain provisions of the Memorandum of Understanding (MOU), originally executed April 25, 1994, between the State of Connecticut and the Mohegan Tribe (Tribe) which permits the Tribe to operate video facsimile games as long as the Tribe contributes to the State a percentage of the revenue generated from those games in accordance with the terms of the MOU. In particular, a dispute has arisen between the Division of Special Revenue (Division) and the Tribe concerning how to calculate certain payments. The Tribe believes that the payment reduction provisions or offsets contained in paragraph 2 of the MOU take precedence over the Minimum Contribution provisions of Paragraph 5. The Division believes that the Minimum Contribution provisions of paragraph 5 take precedence. As a practical matter, the issue is whether the Tribe is entitled to take the offsets allowed in paragraph 2 of the MOU, even in years when the Tribe's percentage of payments falls below the Minimum Contribution amounts required by paragraph 5. We agree with the Division's interpretation. By way of background, on April 25, 1994, then Governor Lowell Weicker and the Tribe signed an Agreement (the Agreement) which was intended to resolve a number of then outstanding issues and disputes between the State and the Tribe, including the Tribe's land claims against the State and to avoid litigation concerning the existence and scope of the State's present obligation pursuant to the Indian Gaming Regulatory Act to negotiate with the tribe. . . to enter into a Tribal-State compact governing the conduct of gaming activities on the Tribe's lands. Agreement, p.3. On the same day, and pursuant to the Agreement, the State and the Tribe agreed to the Gaming Compact, which governs the Tribe's gaming activities and other matters, and the MOU. 1998-001 Page 1 of 7