The 10th Circuit Court of Appeals on Wednesday dismissed the state of Kansas' challenge to the Wyandotte Nation's proposed casino.
The court said it lacked jurisdiction to hear the case because the land where the Oklahoma-based tribe wants to build the casino is already in trust. Therefore, the federal government is entitled to sovereign immunity under the Quiet Title Act, the court said.
"Because the United States had already taken the [Shriner] Tract into trust by the time plaintiffs’ complaint in
this case was filed, and the Quiet Title Act expressly excepts land held in trust for
Indian tribes from its waiver of sovereign immunity, we conclude that the district
court lacked jurisdiction to decide the case below, and we lack jurisdiction to
address the merits of this appeal," the 10th Circuit said [PDF: Decision].
Prior litigation in the dispute occurred before the land in downtown Kansas City was in trust.
That allowed the 10th Circuit to order the Interior Department to clarify its rulings on the parcel, also known as the Shriner Tract.
But without jurisdiction, the state -- as well as four Kansas-based tribes who were part of the case -- can no longer challenge the reasoning used to acquire the land.
Separately, the Wyandotte Nation is seeking to overturn a National Indian Gaming Commission decision that said the land could not be used for a casino. A federal judge has already sided with the tribe but the case is being appealed.
Get the Story:Challenge to KCK casino rejected (The Kansas City Star 10/25)
