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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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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
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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.
An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.