Editorial: Law appears to be on side of Mississippi Choctaw casino

Monday, July 26, 2010  

"Attorney General Jim Hood's office has issued a memorandum that says the state has no "legal cause of action" to block the construction of the Mississippi Band of Choctaw Indian's casino planned for Jones County.

"After thorough review, (Hood's) staff has found no viable legal cause of action which would halt the proposed development, either by challenging the validity of the 1992 Gaming Compact between the state of Mississippi and the Mississippi Band of Choctaw Indians ... or by otherwise challenging the proposed development itself," the memorandum said..

Hood's office began researching whether the state could legally stop the casino project after Gov. Haley Barbour asked Hood to review the laws surrounding Indian gaming in the state on June 22.

The critical language of the memo is that the "validity of the compact has already been decided by the U.S. District Court for the Southern District, and affirmed by the Fifth Circuit Court of Appeals."

In addition, the document points out that the Choctaw gaming compact is only subject to federal law, not state law and that that the tribe requires no additional regulator permits from the Environmental Protection Agency, the Mississippi Department of Transportation or departments of wildlife on either the federal or state level.

Finally, the memo cites that the statute of limitations on challenges to such compacts expired more than 10 years ago."

Get the Story:
Editorial: Choctaws: Law supports the tribe (The Jackson Clarion Ledger 7/25)

Also Today:
News analysis: Mississippi officials protest Choctaw casino (AP 7/26)

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