Judge issues injunction against Kialegee Tribal Town, halting construction on Broken Arrow casino

TULSA - Closing arguments took place Friday in the controversial case involving a casino in Broken Arrow.

Oklahoma Attorney General Scott Pruitt sued the tribe in federal court to halt construction of the Red Clay Casino, located on a plot of land at 111th and 129th East Avenue.

On Friday, a judge sided with the State, issuing the injunction.

The only way development can continue, is if the tribe wins an appeal or another business plan for the site is approved.

Pruitt argued the casino violates the State Gaming Compact and the Indian Gaming Regulatory Act.

It took the judge an hour to make his decision, telling the court the Kialegees had no right to build on the land and a casino would stand in violation of the state gaming compact. He also said the casino would cause irreversible damage to the area.

"We are surprised and surprised at this ruling," said Dennis Whittlesley, the Kialegee Tribe's attorney.

Whittlesley said he will file a notice of appeal and we will go to the tenth circuit court.

The land in question is allotted to the Muscogee (Creek) Nation, of which the Kialegee is a branch, and owned by two sisters who are members of the Creek Nation.

While the Kialegees say the State gave them a gaming compact last summer, Pruitt argued gaming cannot occur on Indian land not belonging to the exercising tribe.

Pruitt also said the Bureau of Indian Affairs hasn't approved the lease.

The injunction temporarily stops the construction on the site, which began last year.

The tribe was looking to open the casino for gaming by the end of the summer.

For now, Whittlesley and the developer can modify the plan for this site. But must obtain necessary permits. They say there are no future plans right now.