Tribe asks judge to dismiss suit over casino

Mar 25, 2012

TULSA, Okla. (AP) — Oklahoma Attorney General Scott Pruitt's office has until April 10th to respond to a Native American tribe's motion to dismiss Pruitt's lawsuit that seeks to stop construction of a casino in Broken Arrow.

In court papers, the Kialegee Tribal Town argued they should be exempt from the lawsuit based on federal law that has long recognized Indian tribes "as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers."

The Tulsa World reports U.S. Chief District Judge Gregory Frizzell has scheduled a May 2nd preliminary injunction hearing.

Some ground work already has begun land allotted to the Muscogee Creek Nation, which is historically associated with the Kialegees.

Some residents are opposed to the casino because it will be located near schools and a day care center.