Treat v. Stitt

Summary

The Oklahoma Supreme Court held that Governor J. Kevin Stitt lacked authority to bind Oklahoma to tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes because the compacts authorized forms of Class III gaming prohibited by the State-Tribal Gaming Act. The court granted declaratory relief and concluded that the State was not legally bound by the compacts unless the Legislature enacted laws permitting the specified gaming.

Holdings

1. The Oklahoma Supreme Court assumed original jurisdiction because the petition presented an issue of public interest in urgent need of judicial determination.
2. Governor Stitt lacked authority to bind Oklahoma through compacts authorizing Class III gaming expressly prohibited by the State-Tribal Gaming Act.
3. Even approval by the Joint Committee under 74 O.S. Supp. 2012, § 1221 would not validate the compacts because the Joint Committee, like the Governor, is constrained by the statutory limits on Class III gaming.

Questions Presented

1. Whether the Oklahoma Supreme Court should exercise original jurisdiction over the petition for declaratory relief.
2. Whether Governor Stitt had authority under Oklahoma law to bind the State by entering tribal gaming compacts authorizing Class III gaming prohibited by the State-Tribal Gaming Act.
3. Whether approval by the Joint Committee under 74 O.S. Supp. 2012, § 1221 could validate the challenged compacts.

Disposition

other