The 10th Circuit Court of Appeals on Thursday dismissed the state of Oklahoma's appeal in an Indian lands case involving the United Keetoowah Band of Cherokee Indians.

The UKB opened a casino in Tahlqeuah but the National Indian Gaming Commission said the site did not qualify for gaming. The Cherokee Nation also opposes the UKB casino.

But a federal judge said the NIGC's decision was "arbitrary and capricious" and ordered a reconsideration. That prompted Oklahoma to appeal to the 10th Circuit.

The court, however, said it lacked jurisdiction since the order issued by the federal judge was not a final order. The Cherokee Nation's motion to file an amicus brief was also denied [Decision].

At issue in the underlying dispute is whether the casino site is "Indian lands" as defined by the Indian Gaming Regulatory Act.

Get the Story:
State briefs: Casino appeal dismissed [first item] (The Oklahoman 9/7)
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