Federal appeals court rivals Tribal land dispute lawsuit in Alabama
A trial judge will determine whether the Poarch Band of Creek Indians has sovereignty.
Key Points
- The case will now be reviewed by claim-by-claim analysis
- The Muscogee Nation says this is a sacred site
A recently dismissed lawsuit involving a dispute between two Tribes over casino development in Alabama has been revived by a federal appeals court, according to an Associated Press report.
In a ruling by the 11th US Circuit Court of Appeals, the court has directed a trial judge to conduct a “claim-by-claim” analysis. This would determine if the Poarch Band of Creek Indians in Alabama can claim sovereignty over the land to continue developing a casino on the property.
The analysis would also determine if the Muscogee Nation had legal grounds to sue.
Muscogee Nation Principal Chief David Hill told the Associated Press that the court’s decision is “a monumental victory for the Tribe.”
He further commented, “The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground, while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land.”
Good to know: Today, Hickory Ground is owned by Alabama’s Poarch Band of Creek Indians
David Hill, principal chief of the Muscogee (Creek) Nation, called the decision a monumental victory for the tribe.
The Muscogee Nation occupied the land in question prior to the Tribe’s removal during the Trail of Tears. The land dispute involves plans to build an Alabama casino on what is considered a “sacred site.”
In its lawsuit, The Muscogee Nation claimed that Alabama Tribal officials “broke a legal promise to protect the site when they acquired it with the help of a historic preservation grant and instead excavated the remains of 57 Muscogee ancestors to build a casino.”
However, the Poarch Band said the lawsuit is “an attack on their sovereignty” and says it has worked to preserve much of the grounds.
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