Pokagon Band Wins Ruling

Lakes Entertainment, Inc. (LACO) announced today that on Friday, January 6, 2006, the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the Pokagon Band of Potawatomi Indians ("Pokagon Band") by affirming the Federal District Court's grant of summary judgment in the lawsuit by the Taxpayers of Michigan Against Casinos (TOMAC) versus the U.S. Department of the Interior. Referring to TOMAC's claims as "specious" and "missing their mark," the Court soundly rejected TOMAC's appeal, concluding that its claims "have no merit." "We have been heard and understood," said Pokagon Band Tribal Chairman John Miller. "The Tribe is jubilant. This court decision is a monumental victory for the membership of the Pokagon Band, residents of Southwest Michigan, and all of Indian Country."

The ruling clears the way for the Bureau of Indian Affairs (BIA) to take a 675-acre parcel of land in New Buffalo Township, Michigan, into trust for the Pokagon Band which paves the way for the Pokagon Band to move forward with their Four Winds Casino Resort project. Lakes has an agreement with the Pokagon Band to develop and manage the casino and will continue to work together with the Pokagon Band to successfully open and operate the planned casino development project. While TOMAC could try to obtain review of the decision by the U.S. Supreme Court, the unanimous decision by the Court makes it unlikely that TOMAC would prevail.

Lyle Berman, Chairman and CEO of Lakes stated, "We are pleased with the Court's decision and we are extremely happy for the Pokagon Band. This is a lawsuit that has taken years to resolve and has delayed the Pokagon Band's goal of becoming self-sufficient." Tim Cope, President and CFO of Lakes, added "We look forward to beginning construction of the Four Winds Casino as soon as the land-to-trust process is completed. The first phase of development is planned to include approximately 3,000 slot machines and 100 table games, as well as numerous restaurants, enclosed parking and several other casino resort amenities. The Four Winds Casino will be the only land-based casino in the northern Indiana/western Michigan market. We currently anticipate opening the casino approximately twelve months after construction begins."