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Motion filed to dismiss casino related lawsuit

"David Cooper, the attorney representing Cherokee County on gambling issues, said no hearing has been set on the government motion.

"The county's lawsuit, filed in February in U.S. District Court in the District of Columbia, alleges that Interior Secretary Dirk Kempthorne conveyed the interests of what is known as the Meh-No-Bah Allotment to the tribe in trust without conducting an environmental review of the tribe's casino development under the National Environmental Policy Act. The allotment is the location of the tribe's $301 million casino and hotel, just off Interstate 44.

"Cooper's expenses are charged to the county, and the county is reimbursed by Penn National Gaming. Penn National is planning a competing casino near the tribe's Downstream Casino Resort, which is scheduled to open July 5.

"The court filing by the county also included a request for a preliminary injunction to stop the construction on the project.

"The dismissal motion was filed May 28 by Amy Tryon, a trial attorney with the U.S. Justice Department's Environment and Natural Resources Division.

"...The argument also states that the county has suffered no injury as a result of the transfer of the land to the tribe under the Indian Land Consolidation Act..."

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