Broken Arrow casino controversy going before judge

BROKEN ARROW, Okla. - The Kialegee Tribe and the State of Oklahoma will each present opening arguments Wednesday, stating their case for the future of a controversial parcel of Broken Arrow land.

The state attorney general says the tribe's new Red Clay Casino violates the State Gaming Compact and the Indian Gaming Regulatory Act.

The Kialegee Tribe -- a self-described landless tribe -- has no jurisdiction over the land because it's allotted to the Muscogee (Creek) Nation. The State says gaming can't occur on Indian land not belonging to the exercising tribe. 

The state also maintains the Bureau of Indian Affairs hasn't approved the lease.

The tribe's attorneys say the Kialegee is a branch of Creek Nation, therefore has just as much right to open a casino.

Attorneys say the injunction is illegal, narrowly tailored and stops all development on the property -- gaming or no.

Tribe officials say Broken Arrow city officials and city council were told months ago about the casino and didn't object. Five months later, the city council approved an elementary school, knowing a casino would be close.

Court begins Wednesday at 9 a.m.

The tribe's King Tiger Hobia was trying to get out of testifying. Tuesday, both parties agreed, and now it doesn't look like that will happen.