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CATAWBA INDIAN NATION v. STATE

No. 27374.

407 S.C. 526 (2014)

756 S.E.2d 900

CATAWBA INDIAN NATION, a/k/a The Catawba Indian Nation of South Carolina, a/k/a The Catawba Indian Tribe of South Carolina, Appellant, v. STATE of SOUTH CAROLINA and Mark Keel, in his official capacity as Chief of the South Carolina Law Enforcement Division, Respondents.

Supreme Court of South Carolina.

Decided April 2, 2014.

Attorney(s) appearing for the Case

William W. Wilkins , of Nexsen Pruet, of Greenville; Gregory Poole Harris , of Harris & Gasser, LLC, of Columbia; James Walter Fayssoux, Jr. and Paul S. Landis , both of Fayssoux Law Firm, of Greenville, for Appellant.

Attorney General Alan McCrory Wilson , Assistant Deputy Attorney General Clyde H. Jones, Jr. , and Solicitor General Robert D. Cook , all of Columbia, for Respondents.

Justice BEATTY.

The Catawba Indian Nation (the "Tribe") brought this declaratory judgment action against the State of South Carolina and Mark Keel (collectively, the "State") to determine the effect of the Gambling Cruise Act, S.C.Code Ann. §§ 3-11-100 to -500 (Supp.2013), on its gambling rights. The circuit court granted summary judgment to the State, finding: (1) the Tribe's action was precluded by collateral...

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