Judge Rejects Tribe's Motion to Dismiss Suit

Apr 29, 2012

TULSA, Okla. (AP) — A judge has ruled a tribe seeking to build a casino in Broken Arrow can't use sovereign immunity as an argument to dismiss a lawsuit filed by the Oklahoma Attorney General's office.

U.S. District Judge Gregory Frizzell on Thursday accepted the state's argument that Kialegee Tribal Town's corporate charter allows it "to sue and be sued." Frizzell also noted that Congress nullified tribal immunity from lawsuits involving gaming activities.

The Tulsa World reports that Hobia's lawyers argued the "sue and be sued" clause in its corporate charter has failed in other litigation.

The Attorney General's office is suing because it says the Kialegees haven't obtained permission from federal agencies to build the casino.

The tribe's attorney is disappointed, but is confident they'll prevail on the merits of the case.