The battle between the Muscogee Nation and the Poarch Band of Creek Indians has been ongoing for two decades, and now this court case is being passed over to the District Court.
At the center of the argument is a state-registered archaeological site called “Oce Vpofv” or Hickory Ground Tribal Town, where more than 50 remains and thousands of funerary objects have been dug up under the Poarch Band’s direction by an archeological team from Auburn University.
Before the Trail of Tears, Oce Vpofv was a ceremonial and council meeting place for the Muscogee people. Now, it is where a Poarch Band’s hotel casino stands.
Muscogee Nation Press Secretary Jason Salsman said the issue is not about the tribe pushing for economic growth, but rather their actions to pursue the development of the Wind Creek property.
“We're not averse to casinos,” Salsman said during a phone interview. “We've got ten of them ourselves, but we are averse to building them over a ceremonial ground and burial and digging up human remains and funerary objects to do it.”
Salsman said insufficient care was taken to tend to their ancestors’ remains, saying they were placed in plastic tubs. He also noted the nation was not consulted in Poarch Band’s plans to excavate the sacred site and make way for Wind Creek.
In response to the Muscogee Nation’s efforts, Poarch communications director Kristin Hellsmich wrote in a statement: "Muscogee seeks to take land that it does not own and to tear down legally built structures that have brought family-supporting jobs to hundreds of Alabamians."
Both tribes went to court in Georgia over this issue in late September, and the Eleventh Circuit Court of Appeals decided to vacate the order of dismal of the Muscogee Nation’s lawsuit last week.
“Because the district court failed to review that complaint claim by claim to determine whether the Poarch officials enjoy sovereign immunity, we vacate its order and remand,” read the opinion.
The decision ultimately allows the Muscogee Nation to amend its complaint. Once that happens, Hellmich said the Poarch Band of Creek Indians plan to file a motion to dismiss.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
