10th Circuit rejects appeal in UKB Indian lands case

Friday, September 7, 2007  

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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