Indian Gaming > Court won't reopen Wyandotte Nation's casino

May 19, 2004

Court won't reopen Wyandotte Nation's casino

The 10th Circuit Court of Appeals issued an order on Tuesday refusing to reopen the Wyandotte Nation's out-of-state casino.

The tribe, based in Oklahoma, opened a Class II facility on trust land in downtown Kansas City, Kansas. On April 1, state officials raided the casino and seized electronic gaming machines.

The tribe challenged the state's action, saying the state had no right to enter trust land. A federal judge then refused to issue a temporary injunction order to reopen the casino.

But, the 10th Circuit said it had no jurisdiction to review the matter because, in most cases, denial of a temporary injunction is not an appealable issue. The appeals court said the tribe should continue to press its case at the district court level.

A copy of the per curiam order can be found at http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3135.wpd.

In related news, the Wyandotte Nation opened a Class II facility in Oklahoma on Monday. The casino had 500 customers on opening day, according to the general manager.

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Appeals court denies Wyandotte Nation's request (AP 5/18)
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Wyandotte Tribe opens Lucky Turtle (The Miami News-Record 5/18)