Posted on February 14, 2012 by AIGA News Editor
Proposed tribal casino case goes to appeals court
by Cecilia Chan – Feb. 14, 2012 08:36 AM
The Republic | azcentral.com
In April, Glendale leaders and others will ask a court to overturn a federal decision to grant reservation status to a 54-acre tract near the city that is owned by a southern Arizona tribe.
The U.S. 9th Circuit Court of Appeals recently set April16 as the date for oral arguments in the case against the Tohono O’odham Nation, which seeks to build a resort and casino on the land near 95th and Northern avenues.
Glendale is joined by the Gila River Indian Community and key state lawmakers in the appeal.
They seek to overturn the U.S. Department of Interior’s decision in 2010 that the tribe’s land should be taken into trust as part of the reservation. The Tohono O’odham purchased the land as part of a congressional settlement to replace tribal land near Gila Bend that was damaged by a federally built dam.
Glendale and others challenged the Interior’s decision, which was upheld by a federal judge last year. From there, they appealed to the 9th Circuit Court of Appeals.
Tohono O’odham leaders asked the court to fast-track the case, saying a delay would give opponents an opportunity to thwart the Interior’s decision. The tribe noted three such attempts, including a bill by Peoria Republican U.S. Rep. Trent Franks to prohibit gaming on the site.
The tribe also argued the casino would provide much-needed financial revenue to help its members. The project has been on hold pending resolution of court cases. The Interior has not formally taken the land into the reservation until the legal challenges are resolved. Even if the land is taken into the reservation, the tribe still must get specific permission to game there from the National Indian Gaming Commission.
Glendale and Gila River tribe had argued against expediting the appeal, saying that the Tohono O’odham failed to show justification to speed up the process.
The appeals court in November declined to expedite the case, but agreed to it a month later after the Tohono O’odham filed for reconsideration.
Glendale issued a statement saying the city is confident the court “will recognize that reservation shopping is an issue with national implications that could affect communities across our country. This effort by the Tohono O’odham political leaders to establish a reservation for gaming purposes in the middle of a neighborhood sets a dangerous precedent – one that could turn any U.S. city or town into another Las Vegas.”
David Leibowitz said the Gila River tribe is eager to present its case. Leibowitz, a spokesman for the tribe on the casino matter, said at the heart of the appeal is that the federal government refused to look at evidence showing the Tohono O’odham exceeded the acreage limit under its congressional settlement. Gila River argues the tribe exceeded the 9,880 acres allowed in the settlement, making the Glendale area land is ineligible for reservation status.
Leibowitz said Gila River leaders are optimistic the court would rule in their favor and remand the case back to the Interior Department for reconsideration.
He said if the appellate court upholds the decision to take the land into trust, the tribe “will consider all of its options — including petitioning the U.S. Supreme Court.”
A three-judge panel in the 9th Circuit Court of Appeals is scheduled to hear oral arguments at 9a.m. April16 in the James R. Browning U.S. Courthouse in San Francisco.
Read more: http://www.azcentral.com/community/glendale/articles/2012/02/13/20120213glendale-proposed-tribal-casino-case-goes-appeals-court.html#ixzz1mOk4dCCS
