By Michael Truelsen - This e-mail address is being protected from spambots. You need JavaScript enabled to view it
(KOLD) - The Tohono O'odham Nation won a court battle Thursday that will allow it to proceed on a planned casino near Glendale.
A judge upheld federal approval to put the Tohono O'odham's land into trust, a step needed to begin gaming.
Glendale officials, the Gila River Indian Community and others
According to a press release from the Tohono O'odham:
SELLS, Ariz. – Today, United States District Judge, David Campbell, ruled in favor of the Department of the Interior (DOI) in its decision to take land into trust for the Tohono O'odham Nation. This comes after hearing arguments from all parties—including the city of Glendale and the Gila River Indian Community (GRIC)—on Feb. 17. In his decision, Judge Campbell wrote, "The Court concludes that Plaintiffs have provided no legal basis to set aside the Department of the Interior's decision." The Court's ruling represents the third decision in the Nation's favor on this issue; DOI approved the Nation's application on July 23, 2010 and the Bureau of Indian Affairs stated the request meets all of the requirements in May 2009.Judge Campbell's decision addresses multiple arguments raised by Glendale and GRIC, including the Indian Gaming Regulatory Act (IGRA) and the United States Constitution's 10th Amendment. In respect to IGRA, Judge Campbell rejected opponents' arguments when he concluded that "DOI has not violated IGRA."
On the 10th Amendment issue, Judge Campbell wrote, "As counsel for Glendale agreed during oral argument, Plaintiffs ask the Court to break new ground on this issue—to depart from every court decision that has previously addressed it. The Court declines the invitation."
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