10th Circuit puts hold on Kialegee Tribal Town gaming lawsuit

Monday, September 9, 2013

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

The 10th Circuit Court of Appeals has put a hold on a gaming lawsuit involving the in the Kialegee Tribal Town and the state of Oklahoma.

The state sued after the tribe announced plans to open the Red Clay Casino on an Indian allotment near Tulsa. Judge Gregory Frizzell blocked the project and ruled that the tribe lacked jurisdiction at the site, a key requirement of the Indian Gaming Regulatory Act.

Frizzell also determined that the tribe can be sued for allegedly violating the Class III gaming compact. The issue -- a waiver of sovereign immunity -- could be affected by the Michigan v. Bay Mills Indian Community, an upcoming U.S. Supreme Court case, so the 10th Circuit said it will wait for a decision in that case.

Briefing was complete in the 10th Circuit case in March, according to Turtle Talk.

Get the Story:
Appeals court issues stay in Kialegee casino case (The Tulsa World 9/7)
Appeals court issues stay in Kialegee casino case (AP 9/9) Related Stories:
Editorial: Kialegee Tribal Town casino fate up to 10th Circuit (01/30)