Attorneys For Kialegee Tribal Council Say They Haven't Been Paid

Three attorneys for the casino development project in Broken Arrow want off the case.

The Tulsa-based attorneys said they haven't been paid by developers, and have asked the court for permission to withdraw.

Dennis Whittlesey, a lawyer based out of Washington, D.C., has represented the developers since the beginning, and will continue to.

Just Thursday, he filed a new response with the court saying the developers have not violated injunction banning construction at the site.

The Kialegee Tribal Town had originally said its Red Clay Casino would open in late summer, but that was before a federal judge issued an injunction putting a halt to construction.

The tribe and developers had asked for that injunction to be lifted saying they now only plan to have a sports bar on the property.

But the state balked at that notion and accused the developers of violating the injunction by allowing gravel work on the site for a parking lot, as a fireworks stand opened in late June.

Late Thursday the developers responded saying the fireworks stand was operated by a third party, who leased the site from the landowners.

Developers also denied any work was done on the building since the injunction was issued.

They say the work crews have only stopped by to remove generators, pick up tools and equipment, remove metal siding to get it out of the elements, and mow the property.

The developers argued that the state is wrong to accuse them of continuing to work on the site, saying the court is being asked to rule on a violation that hasn't happened.

Messages left for the chief of the Kialegee Tribal Town as well as the developer's attorneys here in Tulsa have not been returned.