DES MOINES - Iowa Attorney General Tom Miller has filed a lawsuit in U.S.
District Court for the Southern District of Iowa asking the court to overturn
the National Indian Gaming Commission's decision to allow the Ponca Tribe of
Nebraska to build a $250 million casino in Carter Lake.
A statement from the attorney general's office said "We believe that the NIGC
decision, issued on December 31, 2007, is contrary to an initial determination
by the commission, and its own legal counsel, that the Carter Lake parcel does
not qualify as 'restored lands' that can be used for Indian gaming."
"...It is the opinion of the office of the general counsel that the land in
Carter Lake, Iowa, though 'Indian lands' within the meaning of the (Indian
Gaming Regulatory Act), is not restored land. ... Gaming is therefore not
permissible on the Carter Lake land under IGRA. The Department of the Interior,
Office of the Solicitor, concurs in this analysis."
The statement continued: "The Ponca Tribe previously had noted publicly and had
acknowledged in writing that the Carter Lake parcel did not qualify as
gaming-eligible 'restored lands' under federal law. Our lawsuit is predicated on
the fact that the Commission erred in concluding that the Carter Lake parcel
qualifies as 'restored lands' that are eligible under federal law to be used for
gaming."
Nebraska Attorney General Jon Bruning has filed a similar lawsuit to stop the
project. Nebraska claims an interest in the case because of Carter Lake's
proximity to Omaha.
Return to Iowa Casinos.
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