KTIV NewsChannel 4 Sioux City IA: News, Weather and SportsTribe's lawsuit stalled by fight on evidence
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Associated Press - June 15, 2009 6:35 PM ET
PIERRE, S.D. (AP) - A lawsuit alleging that South Dakota has unfairly prevented the Flandreau Santee Sioux Tribe from adding more slot machines to its casino has become stalled by a dispute over access to possible evidence.
Lawyers in the case say they are waiting on U.S. District Judge Lawrence Piersol of Sioux Falls to rule on those disputes involving discovery, the process in which both sides get evidence from each other before a trial. Piersol recently indicated he will rule soon on those issues.
The tribe alleges that state officials in the past entered into a so-called gentleman's agreement with Deadwood casinos and the video lottery industry to limit tribal casinos to only 250 slot machines. The tribe is seeking evidence that such an agreement was made.
Lawyers have argued that some of the alleged evidence might be included in documents and files from the administration of former Gov. Bill Janklow.
The lawsuit alleges that the state negotiated in bad faith when the Flandreau Santee Sioux Tribe sought a gambling compact that ran for a longer period of time and allowed more slot machines in the tribe's casino in Flandreau.
The state has argued that the only evidence relevant in the case is the record from six negotiating sessions between the tribe and state before the tribe filed the lawsuit.
By AP Writer Chet Brokaw
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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