Wildwood officials move to give land to Indian tribe for a casino

Tuesday, July 28, 1998 | 3:13 a.m.

But the casino industry's leading legislative advocate called the move foolhardy Tuesday and said the state may go to court to stop a land transfer being considered as part of the deal.

"I've never seen anything like it," said state Sen. William L. Gormley, R-Atlantic.

The City Commission voted 2-1 Monday to give the Delaware Tribe of Western Oklahoma a 2.5-acre downtown parking lot in exchange for the tribe dropping a claim that the land Wildwood sits on was once taken illegally from the tribe's ancestors.

The ordinance must pass on second reading Aug. 10 to become law. If it does, a casino could be built before year's end, said Mayor Fred Wager.

Addressing a largely supportive audience, Wager said the casino would help reduce the city's 26 percent unemployment rate and boost sales at local businesses.

"It's the answer to this town," Wager said.

Deputy Attorney General Mark Fleming, who attended the meeting, publicly warned commissioners against pursuing the measure.

"It is our position that final adoption of this ordinance is beyond the power of City Commission and would be unlawful," said Fleming, who was booed by members of the audience.

Wager said he plans to ignore Fleming's warning: "He's not going to stop me, and he can't stop it," Wager said.

Three months ago, the Delaware Tribe sued Wildwood, claiming the barrier island had been taken from tribal ancestors in violation of federal law, meaning the Non-Intercourse Act of 1790.

The tribe withdrew the lawsuit after Attorney General Peter Verniero filed a motion saying a local government doesn't have the authority to give land to another government without state approval. In addition, Verniero said, gambling cannot be extended outside Atlantic City without an amendment to the state Constitution.

Commissioner Duane Sloan, who voted no on the ordinance, said he supports the casino idea but opposes giving the land away unconditionally.

In 1995, Wildwood voters endorsed a plan to give the Delaware Tribe land for a free-standing casino with no guest rooms, restaurants or alcohol in exchange for annual payments of $8 million to the city.

The contract has since expired but Sloan hopes to embrace some form of it.

"What we just voted for has none of that," Sloan said. "We are giving the land to them with no restrictions."

Gormley, who has been the target of Wager attacks before, said Wager, a Republican, and others are trying to skirt the state Constitution.

"It's a tragedy for the people of Wildwood. He's an embarrassment to the city. He's an embarrassment to municipal officials. We all want to help Wildwood. This is not about helping Wildwood. He's going to get nowhere with it. He should be concerned less about press and more about the quality of life in Wildwood."