• Home
• Latest Casino Articles

Wyandotte Tribe Continues to Fight State for Casino Opening

On October 25th, 2007, despite the victory by the Indian tribe owned seventh street casino facility in Kansas in court earlier this week, the establishment may not open for business anytime in the near future. Mike Leitch, the civil litigation chief for Kansas Attorney General Paul Morrison said that the court case is not over.

The prospect of a prolonged court battle could block the Wyandotte Nation from Oklahoma from debuting their casino in the ex Masonic temple establishment it has fixed at seventh street and Ann Avenue, which is across from the city hall.

According to Wyandotte lawyer David McCullough, tribal chiefs had hoped to open for business in December. He added that there is no challenge from the state right now. The reason why is that a panel composed of three people from the 10th Circuit Court of Appeals in Denver rejected the state's latest law challenge on whether or not to allow a tribal gaming establishment. But the decision became a technicality and left a loophole for the state to file another lawsuit.

The state could also petition for a review before the appeals court and could file a petition before the U.S. Supreme Court. The 10th circuit panel decided that the state's charges were not filed in time, after tribal land had been placed under trust back in 1996 by the U.S. government on behalf of the Indian tribe. But the government had filed a similar case before the decision in 1996 and two out of the three judges said that the previous case could be review so that the state's criticisms could be studied on their own merit.

The judges said that would solve the court's decision. State officials have questioned the tribal land's reservation since it was given by the federal government back in the 1990's. In August 2003, the tribe goes against the government officials wishes and debuts the casino in mobile units placed between the temple and tribe's Huron Cemetery.

In 2004, former Kansas Attorney General Phill Kline closed down the casino. The state also confiscated 152 slot machines and about $500,000 in cash. The tribe filed a case against the state and local leaders and later on won a decision that the raid was not legal.

The important issue in the state's lawsuit claims that the tribe did not follow the law when it bought the old Masonic lodge. U.S. District Judge Julie A. Robinson dismissed the state's claim, prompting the state of Kansas and tribes with competing casino facilities to appeal the ruling.

Just last month, the federal National Indian Gaming Commission issued a letter to tribal officials confirming Robinson's decision and allowing the tribe's casino facility to open for business while waiting for the court of appeal's decision.

11/06/2007 05:02 PM

Top Online Casinos

Latest News