Attorneys who tried unsuccessfully to prevent an injunction against construction of an Indian casino in Broken Arrow have requested permission to withdraw as counsel for the Kialegee Tribal Town, its town king and developers because they haven't been paid.
Joe Farris, Paula Quillin and Steven Balman of Feldman, Franden, Woodard & Farris made the request Monday, informing Chief U.S. District Judge Gregory Frizzell that Washington, D.C., attorney Dennis Whittlesey would continue to represent the defendants.
The attorneys' court filing says the defendants' "non-payment of legal bills" represented a financial hardship under federal civil rules and that Whittlesey was capable of continuing without local counsel because of his experience in Indian law.
Frizzell has not yet responded.
The judge granted Oklahoma Attorney General Scott Pruitt's request for an injunction against the defendants on May 18, asserting that the Kialegees do not have jurisdiction to build a casino at the site, which is a Muscogee (Creek) allotment owned by Marcella Giles and her sister Wynema Capps.
The defendants have asked Frizzell to reconsider the ruling, which prevents further construction at the site and the use of the structure as a casino.
That request also is pending.
The defendants argue that they do have jurisdiction because Giles and Capps became citizens of the Kialegee Tribal Town while still holding their Creek Nation citizenship.
The National Indian Gaming Commission has rejected that argument.
The defendants have also sought permission to continue construction at the site if it is for a nongaming purpose.
Frizzell previously agreed to
consider modifying the injunction if the defendants came back to him with another use for the property and "obtained all necessary regulatory and zoning approvals."
A sports bar and restaurant, a smoke shop and fireworks sales were the potential uses they mentioned.
The state argues in its response that there are no "extraordinary circumstances" to warrant the court's reversal of its decision, and it rejects the argument that the tribe has presented any new evidence.
The state is also asking the court to hold the tribe, the landowners and the casino developers in contempt of court because a fireworks sales business, Crazy Debbie's Fireworks, is operating inside the intended casino structure and because gravel has been poured for a parking lot.
The defendants' reply to the state's opposition to their motions to reconsider the injunction is due Thursday.
Attorneys in the case could not be reached for comment.
Susan Hylton 918-581-8381
susan.hylton@tulsaworld.com
Original Print Headline: Attorneys representing Kialegees say they haven't been paid
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