By Carolyn Dryer
The Glendale Star
The Ninth Circuit Court of Appeals in a 2-1 split decision Sept. 11 ruled that the Tohono O’odham Nation has the right to take 54 acres at 95th and Northern avenues into reservation trust.
Although the appeal of that decision in October by the City of Glendale has yet to be heard, U.S. Congressman Trent Franks is not letting any non-decision on the City of Glendale appeal stand in the way of his own actions to stop the Tohono O’odham Nation from building a resort and casino at Northern and 95th avenues.
The legal battle between the nation and the city began when the U.S. Department of Interior made the decision to allow the Tohono O’odham Nation to take their land into reservation. The Ninth Circuit Court of Appeals decided to back up a previous court’s ruling from 2011, which ruled in favor of the Interior’s decision.
Those opposed to the casino, including the Gila River Indian Community, claim that taking the land into a reservation would violate a gaming compact formed in 2002, which the GRIC claims limits casino operations only to land originally designated as a reservation.
Note: RLG represents Arizona House and Senate leadership in the case.
