Judge won't stop Kialegees from running nongaming business at BA site
By SUSAN HYLTON World Staff Writer on Aug 1, 2012, at 2:28 AM Updated on 8/01/12 at 7:48 AM
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The U.S. District Court will not stop the Kialegee Tribal Town from operating a restaurant, sports bar or other nongaming businesses on a Muscogee (Creek) allotment in Broken Arrow.
In an order issued Tuesday, Chief U.S. District Judge Gregory Frizzell said that while the court does have jurisdiction over the state's request to prevent a casino from operating on the land, it does not have jurisdiction over the construction and operation of a restaurant or sports bar.
Frizzell's past ruling, in which he said he would entertain a motion to modify the injunction if the defendants sought an alternate use for the property and had the necessary approvals from the U.S. Bureau of Indian Affairs and/or the Muscogee (Creek) Nation, was stricken.
The defendants, which also include Florence Development Partners LLC and Town King Tiger Hobia, have 30 days to appeal the injunction against the casino to the U.S. 10th Circuit Court of Appeals in Denver.
Frizzell declined to reconsider his May 18 decision on the casino injunction in an order released Monday.
"I know the question of appeal is being discussed," said Dennis Whittlesey, the defendants' attorney.
Whittlesey said that he couldn't comment on whether the tribe plans to proceed with construction or whether it plans to open a restaurant, sports bar or a smoke shop.
"It could be anything," he said.
Susan Hylton 918-581-8381
susan.hylton@tulsaworld.com
Original Print Headline: BA casino site could see other business
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