A federal judge is being asked to reconsider a ruling that said the National Indian Gaming Commission shouldn't have allowed the Ponca Tribe of Nebraska to build a casino in Iowa.
The Department of Justice filed a motion on Friday, saying Judge
Charles Wolle made factual and legal errors in a lawsuit brought by the states of Nebraska and Iowa.
The states claim the tribe promised not to use a 5-acre site in Iowa for a casino.
The land was taken into trust in 2003. The NIGC said it qualified for gaming because the Poncas were restored to federal recognition by an act of Congress.
Wolle said the NIGC should have deferred to the Interior Department, whose acquisition of the land cited the tribe's promise not to use it for gaming.
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Judge asked to reconsider ruling on Carter Lake casino
(The Omaha World-Herald 12/13)
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