State to continue Wyandotte Nation casino fight

Friday, October 26, 2007  

The state of Kansas said it would continue its fight against the Wyandotte Nation's off-reservation casino despite losing in court.

The state has been trying to stop the Oklahoma-based tribe from acquiring land for a casino in downtown Kansas City. After a decade of litigation, a three-judge panel of the 10th Circuit Court of Appeals on Wednesday dismissed the case because the tribe's land was already taken into trust.

But to keep the fight alive, the state could ask the 10th Circuit to assign a full panel of judges to rehear the case. An appeal to the U.S. Supreme Court is also possible.

The state could also try to reopen an earlier court judgment. In a somewhat unusual concurrence, two of the judge who issued Wednesday's decision cited "extraordinary" circumstances that could allow the state to continue to challenge the Interior Department's land-into-trust decision [PDF: Decision]

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Tribal casino court fight to continue (The Kansas City Star 10/26)