An appeals court in Atlanta recently heard arguments in an ongoing dispute between two federally recognized tribes regarding the construction of a casino on Alabama land deemed sacred by one of the tribes. The disagreement revolves around Hickory Ground, a significant site that once belonged to the Muscogee Nation before their relocation to Oklahoma during the Trail of Tears. Presently, the land is owned by Alabama’s Poarch Band of Creek Indians, who share ancestry with the Muscogee and have built a Wind Creek casino on the site. The Muscogee Nation is appealing a federal judge’s ruling that dismissed their lawsuit against the casino construction.
During the court hearing, the Muscogee Nation contended that the Poarch Band of Creek Indians violated a legal promise to safeguard Hickory Ground when they acquired it using a historic preservation grant. Instead, the Muscogee Nation claimed that the remains of 57 Muscogee ancestors were excavated to construct the casino. Mary Kathryn Nagle, representing the Muscogee Nation, emphasized the sacredness of Hickory Ground and urged the appellate court to reinstate their claims of violations of The Native American Graves Protection and Repatriation Act and other federal laws.
In response, representatives of the Poarch Band defended their actions, stating that their work on the site actually helped preserve much of Hickory Ground. Mark Reeves, legal counsel for the Poarch Band, characterized the case as an affront to their tribal sovereignty, alleging that the Muscogee Nation from Oklahoma was attempting to dictate activities on Alabama tribal land. Reeves underscored the importance of protecting tribal sovereignty and condemned any attempt by external entities to seize control of land belonging to another tribe.
The appellate court has not specified when a verdict will be reached. U.S. Chief Circuit Judge Bill Pryor, acknowledging some sympathy towards the concerns raised by the Muscogee Nation, questioned the previous court’s decision-making process. Circuit Judge Robert J. Luck raised a point about whether the Muscogee Nation’s demands amounted to giving them a veto over the Poarch Band’s use of the property. Despite the legal complexities, members of the Muscogee Nation expressed optimism following the panel’s inquiries.
Leading up to the court proceedings, members of the Muscogee Nation staged a march to the Atlanta courthouse to emphasize the cultural and ancestral significance of the Hickory Ground site. Muscogee Principal Chief David Hill underscored the broader implications of the dispute, highlighting its importance in protecting Native rights and preserving Native American heritage across the United States.
