The legal dispute over sacred land, now the site of an Alabama casino, is returning to the courtroom.
A federal appeals court has reopened a lawsuit by the Muscogee (Creek) Nation from Oklahoma against the construction of a casino by another tribe on land they consider historic and sacred.
The 11th U.S. Circuit Court of Appeals overturned a previous decision that had dismissed the lawsuit. The court instructed the trial judge to examine each claim to determine whether the Poarch Band of Creek Indians in Alabama can claim legal immunity to avoid being sued.
In a statement to the press, the principal chief of the Oklahoma-based Muscogee (Creek) Nation, David Hill, said: “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.
Dispute Over Sacred Hickory Ground
The conflict revolves around a parcel of land in Wetumpka, Alabama, known as Hickory Ground, located about 16 miles north of Montgomery.
The Muscogee Nation contends that the Poarch Band of Creek Indians in Alabama lacks historical ties to Hickory Ground. They also accuse Poarch tribal officials of violating a legal agreement to safeguard the site when they acquired it from a private landowner in 1980.
In contrast, the Poarch Band claims it also has ancestral ties to Hickory Ground and has tried to preserve much of the historic site. The Poarch Band of Creek Indians is the only federally recognized Native American tribe in Alabama.
Bodies Exhumed to Build Casino
The Poarch Band acquired a portion of Hickory Ground (from a private owner) with the help of a historic preservation grant. Then a fight began over development of the land.
In 2012, the Poarch Band exhumed and removed 57 bodies from Hickory Ground and built the $246 million Wind Creek casino there. Wind Creek owns and operates 11 properties in the United States and Caribbean, including the one in Wetumpka.
This action violated the Native American Graves Protection and Repatriation Act, escalating a dispute that has severely damaged the relationship between the two tribal nations and deepened the Muscogee's sense of betrayal regarding their former tribal capital's development in Oklahoma.
What Happens Next?
The appellate court announced its decision after lawyers presented their arguments in Atlanta roughly two weeks ago.
The Poarch Band claims they have preserved much of Hickory Ground and say the case attacks their independence.
Kristin Hellmich, who speaks for the Poarch Band of Creek Indians, stated, "As the case goes back to the District Court, we are confident we’ll prevail. We are focused on protecting the Poarch Creek community and our sovereign rights." She believes the court just wants more information.
The Oklahoma-based Muscogee wants to control what the Alabama tribe does on its own land.
According to its website, to achieve justice, the Muscogee Nation wants the site's sanctity restored and the remains and artifacts returned. They also say that a ruling in their favor would demonstrate the importance of respecting Indigenous rights, cultural heritage, and the promises made to protect sacred lands.
It will now be up to the court to decide who is right.
