© CBS 5FLAGSTAFF, AZ (CBS5/AP) -
A federal appeals court has upheld a decision that allows an Arizona tribe to covert property it bought near Glendale into reservation land.
The Tohono O'odham Nation plans to build a casino and resort on the property located away from its headquarters.
In a split decision Tuesday, the 9th Circuit U.S. Court of Appeals rejected arguments by the city of Glendale that the property is ineligible for trust status because it falls within its corporate limits.
The property is an unincorporated island of Maricopa County and bordered on three sides by Glendale.
The tribe purchased it with congressionally allocated money it was given after a federal government dam caused extensive flooding of the original reservation.
The U.S. Interior Department declared part of the property a reservation in 2010.
Gila River Indian Community Gov. Gregory Mendoza released the following statement after the ruling.
"The Community is analyzing the Court's decision carefully, including the strong and lengthy dissent, and considering all its legal options in these proceedings, including further appeal," said Gila River Indian Community Gov. Gregory Mendoza.
"It should be noted that the Ninth Circuit made it clear that this decision 'relates only to the status of the land as trust land and does not involve the particulars of Indian gaming, which are the subject of separate proceedings and pending legislation.' In other words, this decision did not address the legality of the Tohono O'odham Nation's misguided plan to open a casino in the Phoenix metropolitan area despite the public promise it made during the Proposition 202 campaign.
"The Gila River Indian Community remains committed to working with other Arizona tribes and with the State to ensure that the promises made in Proposition 202 are kept. "
Copyright 2012 Associated Press. All rights reserved. CBS 5 (Meredith Corporation) contributed to this report.
