N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact

Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.

An excerpt:

The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs: