Judge Tosses North Carolina Tribe’s Lawsuit

A federal judge rejected the North Carolina-based Eastern Band of Cherokee Indians’ lawsuit challenging the South Carolina-based Catawba Nation’s casino (l.), now under construction in Kings Mountain.

Judge Tosses North Carolina Tribe’s Lawsuit

In North Carolina, U.S. District Judge James E. Boasberg rejected the Eastern Band of Cherokee Indians’ lawsuit against the U.S. Department of Interior and the South Carolina-based Catawba Indian Nation. The Eastern Band, operators of two Harrah’s Cherokee casinos, claimed the Catawbas had no connection to the site of its Two Kings casino, now under construction in Kings Mountain, about 30 minutes west of Charlotte. The Catawbas negotiated a revenue-sharing agreement with North Carolina Gov. Roy Cooper earlier this year.

In his opinion, Boasberg wrote, “In the end, though, the Eastern Band of Cherokees came up with snake eyes, as on each claim they either lack standing or lose on the merits.”

Previously the Eastern Band called the Catawba’s actions “a modern-day land grab” since casino gambling is illegal in South Carolina. The site is 35 miles northwest of the tribe’s South Carolina reservation. However, the Catawbas claimed a right to the casino site under a 1993 agreement that also granted them federal recognition. They also noted their historical and ancestral ties to land in North Carolina.

The Catawba tribe held a groundbreaking for Two Kings casino last summer. Chief Bill Harris said a “pre-launch facility” is scheduled to open this summer. He stated, “This decision reaffirms the clear historical record of the Catawbas’ ancestral lands and cultural ties in North Carolina and the rigorous process of review undertaken by the U.S. Department of the Interior in taking the land into trust.” Harris added he hoped the Eastern Band of Cherokee Indians would not file a “frivolous appeal and that our two tribes can now work together for the betterment of our people.”

Eastern Band Principal Chief Richard Sneede said the tribe is “examining all options for next steps. It remains clear to us that the law was broken and we will not stop until justice is served in this case.”

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