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In an opinion filed Friday, April 16, U.S. District Court Judge James A. Boasberg ruled against the Eastern Band of Cherokee Indians in a lawsuit that has been ongoing since March of last year concerning the South Carolina-based Catawba Indian Nation’s quest to build a casino in Cleveland County.

“Plaintiffs (EBCI) raise several close and complex questions of statutory and regulatory construction, and the Court certainly cannot fault them for rolling the dice here,” Boasberg wrote in the 55-page opinion. “In the end, though, they come up with snake eyes, as on each claim they either lack standing or lose on the merits.”

The EBCI filed its lawsuit five days after the U.S. Department of Interior’s March 2020 decision to approve the Catawba’s application to take 17 acres in Kings Mountain into trust as tribal land. The Cherokee claimed that the decision was “rushed,” “flawed,” “violates the plain language of federal law” and would set dangerous precedent for how and where Native American tribes can operate casinos.

Last year, Boasberg struck down a motion from the EBCI seeking a preliminary injunction that would have halted the Catawba’s casino construction efforts until a final decision was delivered. The Catawba broke ground in July 2020 and announced plans in March to open a temporary, 500-slot gaming facility this summer, expecting to open the first phase of its permanent facilities next year.

EBCI Principal Chief Richard Sneed said that the Cherokee are currently evaluating next steps.

“Our team is going through the ruling now and examining all options for next steps,” he said. “It remains clear to us that the law was broken and we will not stop until justice is served in this case.”

Meanwhile, the Catawba are celebrating the decision and called on the EBCI to not seek a “frivolous” appeal in the matter.

“This decision reaffirms the clear historical record of the Catawba’s ancestral lands and cultural ties in North Carolina and the rigorous process of review undertaken by the U.S. Department of the Interior in taking the land into trust,” said Catawba Chief Bill Harris. “The Interior Department righted a historical wrong, allowing the Catawba to achieve the promise of self-determination through economic development.”

This story will be updated in print and online.