The Tohono O'odham Nation of Arizona has so far been victorious in its effort to open an off-reservation casino.
The tribe won decisions in state and federal court affecting the proposed West Valley Resort. But the real test will come when the 9th Circuit Court of Appeals hears the case. Briefing is underway and a hearing is expected in spring 2012. The main issue is the tribe's land-into-trust application. The Bureau of Indian Affairs approved the application, prompting a lawsuit from the city of Glendale and the Gila River Indian Community. A federal judge, however, said approval was required by an act of Congress that settled a tribal land claim. The tribe owns a total of 135 acres near Glendale. The application that was approved only covered 54 acres due to an annexation issue that was pending in state court. But the state courts ruled for the tribe on the annexation issue so the entire parcel can now be placed in trust. Get the Story: