JUDGE RULES KANSAS CAN SUE WYANDOTTE NATION
April 9, 2008
State claims goal is not to shut down tribal casino in downtown Kansas City, but to clarify issues arising from how the casino is being funded
A federal district court judge last week ruled that the state of Kansas could reopen a lawsuit challenging efforts by the Wyandotte Indian Nation to operate a casino in downtown Kansas City.
The casino opened in January despite the state's claims that the money the tribe used to buy the land wasn't allowed for such purposes, disqualifying its use for a casino.
The 10th U.S. Circuit Court of Appeals in October ruled that a legal challenge of the casino came after the land had been placed into trust by the federal government on behalf of the tribe, thereby insulating the government from the state's lawsuit and leaving the federal courts with no jurisdiction.
The three-judge panel agreed with the U.S. Justice Department and dismissed the case, but two of the three panel members recommended the state restart its legal challenge.
U.S. District Judge Richard D. Rogers in Topeka agreed with those two judges that dismissal of the case was caused by judicial mistakes.
Mike Leitch, civil litigation chief for Kansas Attorney General Stephen Six, told the Kansas City Star newspaper the state isn't seeking to shut the casino down.
"Our action will be limited to the courtroom," he said.
The Wyandotte in 2004 opened a limited casino housed in a series of mobile homes. That operation was raided and quickly closed by state and local law enforcement, claiming the tribe had no right to offer gambling on the property.
The tribe later spent $20 million to renovate a Masonic lodge that once housed the Scottish Rite Temple and dates back to 1906. The tribe purchased the property - which is listed in the National Register of Historic Places - in 1983.
--Staff reports
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