The Poarch Band of Creek Indians in Alabama says a lawsuit filed by the Muscogee Nation of Oklahoma is without merit.
The Poarch Band is spending $246 million to expand the Wind Creek Wetumpka. The facility is located on trust land under the tribe's jurisdiction. “While we respect the Muskogee Tribe’s rights as a sovereign Indian nation, we cannot agree with the Muskogee’s efforts to control the use of our land. We believe that this action will be found to be without merit," the Poarch Band said in a statement in response to the Muscogee Nation's lawsuit. Citing the U.S. Supreme Court decision in Carcieri v. Salazar, the lawsuit claims the land was taken into trust illegally. The decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934 -- the Poarch Band didn't gain recognition until 1984. The complaint also says the Poarch Band is violating federal historic preservation and religious freedom laws. The casino is located on the the Hickory Ground, a burial ground and historic Creek site. Get the Story: