WILDWOOD, N.J. (Reuters) - An Indian tribe from Oklahoma Wednesday threatened to press ancestral claims to land throughout New Jersey if the state tried to stop it from opening a casino in the crumbling seaside resort of Wildwood.
The Wildwood city commission voted 2-1 to sell a 2.5-acre downtown parking lot to the Delaware Tribe of Western Oklahoma for $1. The sale, due to take effect in 20 days, would make the property tribal land and allow the planned casino to evade a state ban on gambling outside Atlantic City.
But state officials vowed to block the long-expected deal with a lawsuit in Cape May County Superior Court, saying only the state could change Wildwood's city limits.
A spokesman for State Attorney General Peter Verniero also said New Jersey would seek to intervene in a separate federal suit, in which the Delaware claim Wildwood to be situated on land appropriated illegally from their ancestors in the early 1800s. The sale of the parking lot was intended to settle the tribal lawsuit.
``If the state of New Jersey is going to actively try to block this transfer of property, we will reevaluate our claims throughout the state and expand the litigation in federal court,'' said Jeff April, an attorney for the Delaware tribe.
The tribe is descended from native Americans who inhabited the Mid-Atlantic region when European colonists arrived in the 17th century. To date, historical research conducted by the Delaware has established a tribal presence mainly in South Jersey, between Atlantic City and Wilmington, Delaware.
In their lawsuit in U.S. District Court in Camden, the Delaware claim Wildwood was the site of their hunting and fishing grounds until white settlers took possession of the land without Congressional approval as required under the under the Indian Nonintercourse Act of 1790.
By expanding the lawsuit, legal experts said the Delaware could try to force New Jersey into a legal battle similar to a landmark 1972 case in which the Passamaquoddy and Penobscot Indians sought over 1 million acres of land in Maine and finally settled for $81.5 million in 1980.
Verniero had no comment on the threat of an expanded Indian claim to New Jersey lands.
``But we want the court to invalidate today's vote and permanently enjoin Wildwood from making the transfer without first seeking approval from the state legislature,'' said Verniero spokesman Paul Loriquet.
Meanwhile, Wildwood officials said they hoped an Indian casino would help reverse years of economic decline in their city, once a favorite seaside destination for vacationing families. Wildwood lies about 35 miles south of Atlantic City.
``We need to bring revenue to the city of Wildwood and this would bring in $8 million to $10 million, which is about half our budget,'' Wildwood Mayor Fred Wager said after the vote. April said the casino could start a mini-boom in a city marred by high unemployment and boarded-up store fronts because the gambling operation would lead to an increase in restaurant, bar and hotel services.
City residents voted overwhelmingly to allow gambling in a 1995 referendum.
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