Litigation

Poarch Creeks say Supreme Court decision won't affect casinos

Tuesday, June 19, 2012

The Poarch Creek Band of Indians in Alabama says a new decision from the U.S. Supreme Court won't affect its casinos.

In Salazar v. Patchak, the justices ruled that the Interior Department can be sued for approving a land-into-trust application for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe. One of the issued raised in the case is whether the Gun Lake Tribe can follow the land-into-trust process even though it wasn't "under federal jurisdiction" in 1934.

The Poarch Creeks didn't gain federal recognition until 1984. But the tribe's top attorney doesn't believe its casinos are in jeopardy.

"We view this as a narrow ruling that does not impact our current trust lands," attorney general Venus Prince said in a statement, according to news reports.

The Supreme Court ruled that the lawsuit affecting the Gun Lake Tribe's casino can proceed under the Administrative Procedure Act. The law contains a six-year statute of limitations but all of the land for the Poarch Creek casinos was taken into trust over six years ago, Prince said.

Get the Story:
Parties disagree on application of Supreme Court decision to Poarch Creek taxation, casinos (The Mobile Press-Register 6/19)
Court ruling could mean Ala. Indian tribe will have to pay taxes (WSFA 6/18)

Supreme Court Decision:
Salazar v. Patchak (June 18, 2012)