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Kialegee Tribal Town seeks dismissal of state's gaming lawsuit

Filed Under: Casino Stalker | Litigation | NIGC
More on: 10th circuit, bay mills, immunity, kialegee, oklahoma, supreme court

Artist's rendering of the proposed Red Clay Casino in Broken Arrrow, Oklahoma. Image from Red Clay Casino

The Kialegee Tribal Town is seeking dismissal of a gaming lawsuit filed by the state Oklahoma.

The tribe wants to open a casino on an Indian allotment. A federal judge put a halt to the plan, ruling that the tribe lacked jurisdiction over the site.

The judge also said the tribe can be sued for allegedly violating the Class III gaming compact. But the tribe notes that the U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community does not allow states to sue tribes for activities that do not occur on "Indian lands," as that term is defined in the the Indian Gaming Regulatory Act.

Since the National Indian Gaming Commission has determined that the site in question does not meet the definition of "Indian lands," the tribe argues the state's suit must be dismissed.

"Bay Mills shows why Oklahoma’s complaint, which alleges unlawful gaming off Indian lands, makes out no claim 'arising under' IGRA," the tribe said in a supplemental brief to the 10th Circuit Court of Appeals.

The 10th Circuit put a hold on the case while it waited for a decision in Bay Mills. The Supreme Court issued its ruling on June 25.

Turtle Talk has posted supplemental briefs from the 10th Circuit case, Oklahoma v. Hobia.

NIGC Indian Land Opinions
May 25, 2012 | June 8, 2012

Supreme Court Decision:
Michigan v. Bay Mills Indian Community (May 27, 2014)

Oral Arguments on the Indianz.Com SoundCloud:

Supreme Court Documents:
Oral Argument Transcript | Supreme Court Docket Sheet No. 12-515 | Supreme Court Order List

Related Stories:
Kialegee Tribal Town still waiting for decision in gaming dispute (05/20)

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