Kansas v. Kempthorne & Wyandotte Nation — Revised CA10 Opinion

The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.

CA10 Panel Decision (pre-rehearing)

Kempthorne Petition for Rehearing

State and Tribal Response to Petition

Kansas v. Kempthorne Materials

Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.

Here’s the opinion: CA10 Opinion

Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief

Here’s the federal response brief: Federal Appellee Brief

Here’s the reply brief: Appellant’s Reply Brief