The 10th Circuit Court of Appeals on Thursday dismissed the state of Oklahoma's appeal in an Indian lands case involving the United Keetoowah Band of Cherokee Indians.
The UKB opened a casino in Tahlqeuah but the National Indian Gaming Commission said the site did not qualify for gaming. The Cherokee Nation also opposes the UKB casino. But a federal judge said the NIGC's decision was "arbitrary and capricious" and ordered a reconsideration. That prompted Oklahoma to appeal to the 10th Circuit. The court, however, said it lacked jurisdiction since the order issued by the federal judge was not a final order. The Cherokee Nation's motion to file an amicus brief was also denied [Decision]. At issue in the underlying dispute is whether the casino site is "Indian lands" as defined by the Indian Gaming Regulatory Act. Get the Story: