A federal judge has dismissed a lawsuit that challenged the legality of the Nooksack Tribe's new casino in Washington.
A group called the North County Community Alliance sued to block the opening of the Nooksack Northwood Casino. Among other claims, the group said the casino was not located on "Indian lands" as defined by the Indian Gaming Regulatory Act.
The judge, however, said the case was filed too late since the only agency action that could be challenged was the National Indian Gaming Commission's approval of the tribe's gaming ordinance in 1993. The suit was filed in 2007, long past the standard six-year statute of limitations.
Second, the judge said nothing in IGRA requires the NIGC to perform an Indian lands determination "for each and every facility where tribal gaming is to occur."
"Since there appears to be no requirement that tribal gaming ordinances be site-specific, the statutory scheme is one that necessarily relies upon the NIGC’s enforcement authority to ensure compliance with the Act,"
Judge John C. Coughenour wrote in the 15-page decision [PDF].
The casino opened last week and exclusively offers Class II games. A separate challenge to the tribe's liquor license is pending at the state level.
Get the Story:Judge rejects challenge to casino (The Bellingham Herald 11/20)
