A federal judge dismissed the state of Kansas from the
Wyandotte Nation gaming lawsuit.
The tribe sued the
Bureau of Indian
Affairs for failing to approve a land-into-trust application for 10.5 acres
in Park City. A land claim settlement mandates that the property be placed in
trust but the Obama administration hasn't made a decision.
The state was allowed to join the lawsuit but Judge Julie Robinson granted
the tribe's and the federal government's motions to dismiss.
Since the land hasn't been placed in trust, she said the state doesn't have a case.
"Accordingly, because the [Interior] Secretary’s ultimate determination of the Nation’s application remains pending, any harm that may inure to the State does not rise to the level of an imminent, concrete and particularized injury-in-fact necessary to establish jurisdiction," Robinson wrote in the 13-page decision on Friday.
Turtle Talk has posted documents from the case,
Wyandotte Nation v. Salazar.
Get the Story:
Judge dismisses Kan. claims over Park City casino
(AP 8/3)
District Court Decision:
Wyandotte Nation v. Salazar (August 3, 2012)
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