Federal Court Reopens Long-Running Tribal Dispute
A federal appeals court has revived a lawsuit filed by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians over the construction of a casino on historically and culturally significant land in Alabama. On Friday, the 11th U.S. Circuit Court of Appeals vacated a lower court’s decision to dismiss the case, directing the trial judge to reanalyze whether sovereign immunity shields Poarch tribal officials from legal action.
The dispute centers on land known as Hickory Ground, which holds deep historical importance for the Muscogee people, who were forcibly removed from the region during the Trail of Tears. The Poarch Band, who share ancestral ties with the Muscogee, now owns the land and built a Wind Creek casino on the site, sparking the lawsuit.
Historical and Sacred Land at the Center of Dispute
The Muscogee Nation’s lawsuit argues that Poarch officials violated promises made when they acquired the land in 1980 using a historic preservation grant, accusing them of desecrating sacred grounds by excavating graves and developing the casino. The site, Hickory Ground, is historically significant to both tribes, but the Muscogee claim it holds particularly sacred ties to their ancestors.
David Hill, principal chief of the Muscogee (Creek) Nation, hailed the appellate court’s decision as a “monumental victory” for his tribe. “The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land,” Hill said.
Poarch Band Confident in Defense
In response, the Poarch Band of Creek Indians expressed confidence in their position as the case returns to the lower courts. “We remain confident in our position,” said Kristin Hellmich, a spokeswoman for the Poarch Band. “Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights.”
The Poarch Band has previously maintained that they, too, have ancestral ties to Hickory Ground and that they have set aside ceremonial grounds and additional land for permanent preservation.
Sovereignty at the Heart of the Legal Battle
The legal battle between the two tribes touches on broader issues of tribal sovereignty and the protection of sacred lands. Mary Kathryn Nagle, an attorney for the Muscogee Nation, argued that the court’s ruling demonstrates that tribal sovereignty “is not a license to destroy the sacred places and graves of other sovereign tribal nations.”
The appeals court ruling comes just weeks after oral arguments were heard in Atlanta, and the case will now return to district court for further consideration of sovereign immunity and the merits of the Muscogee Nation’s claims.
