Court Rejected Kialegee Broken Arrow Casino Site A Year Ago; Construction Continues

Court documents show the lease for the land where the Red Clay Casino is being built in Broken Arrow first went to court a year ago. A judge denied it, but the casino construction continues.

The women who own the land have a lease with the Kialegees, but the lease was rejected by a District Court. Now, attorneys for the women and the tribe say they don't need court approval.

"They're claiming now that they don't need any lease approval and yet they spent nearly a year trying to get that approval in state court," said Jared Cawley, casino opponent.

In May 2010, the landowners of the site, Marcella Giles and Wynema Capps, signed a lease with the Kialegees for ten years.

Court records show the women then filed with the Tulsa County District Court in January 2011 for the lease to be approved.

But the Department of the Interior objected, stating that it should be the authority that approves the lease. The judge agreed and dismissed the case in August.

The landowners appealed to the Oklahoma Supreme Court, but the case was dismissed in November because it was filed past the legal deadline. Weeks later, dirt was turning at the site and the casino development began.

"What they are doing at the site is illegal, the actions that Ms. Giles is taking with the tribe are illegal and they don't have an approved lease to do what they're doing," Cawley said.

Mobile gaming units now sit on the land. The Bureau of Indian Affairs, which is under the Department of the Interior, has asked the landowners and the tribe why they are moving forward when the agency still hasn't approved a lease.

A Kialegee spokesperson says the tribe and the landowners changed the lease terms to less than seven years and therefore no longer need court approval under federal law. However, they did not comment on about needing BIA approval.

02/16/2012 Related Story: Bureau Of Indian Affairs Demands To See Lease For Broken Arrow Casino Property