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Two Native American tribes are battling over a casino built on sacred land in Alabama.
At the center of the dispute is the Wind Creek Casino, developed by Alabama’s Poarch Band of Creek Indians on what was once the Muscogee (Creek) Nation’s capital, Hickory Ground.
The 11th U.S. Circuit Court of Appeals will soon hear each side’s arguments, as the Muscogee Nation appeals the dismissal of a lawsuit challenging the casino’s construction.
The Muscogee Nation, whose ancestors were forcibly removed from the area in the 1830s, argue that the Poarch Band violated sacred burial grounds by excavating remains to build the $246 million casino, which is 85,000 square feet.
“They dug up my ancestors, put them in boxes, and built a casino directly on top of my family’s burial ground,” said George Thompson, a mekko, or traditional chief, of the Muscogee Nation.
The Muscogee believe at least 57 sets of remains were disturbed during the excavation and claim they have never been provided with a full inventory of what was removed from the site.
Hickory Ground, once home to the Muscogee’s ceremonial site and tribal capital, carries deep cultural significance.
After President Andrew Jackson’s government passed the Indian Removal Act in 1830, the tribe was forced to relocate to Oklahoma along the Trail of Tears and have long seen the site as a vital link to their ancestors.
For years, the land was left to return to nature, as was intended. But in 1980, the Poarch Band acquired part of Hickory Ground through a historic preservation grant, promising to protect it.
After the protective covenant expired in 2000, the Poarch Band began archaeological excavations with the help of Auburn University, eventually clearing the way for the construction of the 20-story resort.
While the Poarch Band insists it has preserved 17 acres of the site, including sacred ceremonial spaces, the Muscogee Nation views the development as a betrayal.
Tensions between the two tribes have escalated in recent years.
Thompson recalled visiting the construction site during the casino’s development: “We broke down in tears at the sight of bulldozers and dirt piles where our ancestors once lay in peace.”
The Poarch Band defends its actions, maintaining that they also have ancestral ties to Hickory Ground.
“Poarch Creek members have ancestral ties to this historic Creek town, as do members of the Muscogee Creek Nation of Oklahoma,” a Poarch Band spokesperson said.
After failing to reach an agreement with the Muscogee Nation over reinterment of the remains in 2012, Poarch officials proceeded to re-bury the remains themselves.
Federal laws, such as the Native American Graves Protection and Repatriation Act, do not specifically address the issue of one tribe excavating ancestral remains on land now controlled by another.
This legal gap has left the Muscogee and other displaced tribes facing challenges in protecting their sacred lands.
As the case heads to court, the dispute continues to strain the relationship between the tribes.
For the Muscogee Nation, the fight is not just about land, but about honoring their history.
“They didn’t want our language. They didn’t want our culture or tradition. They wanted money,” said Jeff Fife, a tvstvnvke, or warrior, for Hickory Ground and chief of staff of the Muscogee Nation.
This article includes reporting from The Associated Press.