Court Sets No Trial Before 2028 in Potawatomi Suit
A federal judge set a January 8 deadline for motions to intervene in the Prairie Band Potawatomi Nation's lawsuit over a claimed reservation in Kansas.
Updated on Nov. 6, 2026 in Native American
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U.S. Magistrate Judge Angel Mitchell issued a scheduling order on November 3 setting no trial before 2028 in the Prairie Band Potawatomi Nation's suit against Kansas Lottery executive director Stephen Durrell. The case concerns lottery sales on land including portions of west Topeka.
Why it matters
The Nation's claim to a 900-square-mile reservation rests on an 1846 treaty it says Congress never disestablished or diminished. A ruling could affect lottery sales at 27 locations within the claimed boundaries across Kansas.
The Nation's claimed 900-square-mile boundary is roughly seven times the 121 square miles the state and federal governments recognize in Jackson County. The Lottery claim could affect 27 sales points, and the outcome remains undecided pending motions to intervene.
The players
Prairie Band Potawatomi Nation
A federally recognized tribe in Kansas that is pursuing the lawsuit to establish its claimed reservation boundaries.
Kansas Lottery
The state agency that operates lottery sales and is the target of the Nation's suit through its executive director.
The details
The Nation filed suit in July against the Kansas Lottery executive director, arguing its 1846 treaty was never disestablished. The state and federal governments dispute that reading, and the City of Topeka has considered joining the case.
Timeline
1846: Treaty establishing the claimed 900-square-mile reservation.
1861: Treaty dividing land into Prairie Band and Citizen Potawatomi shares.
1867: Treaty centered on Citizen Potawatomi selling Kansas land.
January 8: Deadline for motions to intervene in the lawsuit.
January 25, 2028: Pretrial conference scheduled.
Legal Context
The Nation's claim follows the post-McGirt v. Oklahoma wave of tribes asserting that historic treaty reservations survive unless Congress clearly disestablished them. Kansas now faces the same question over whether 1846 boundaries still govern land use today.
Lottery players and retailers at the 27 claimed locations could see their sales status change depending on how the court rules on the boundary. Residents in Topeka and Jackson County may face uncertainty over which land falls under the claimed reservation until the case is resolved.
The takeaway
Long-running treaty disputes can take years to resolve, so affected residents and businesses should watch the January 2028 court date rather than assume the current boundaries are settled.
What happens next
A pretrial conference is scheduled for January 25, 2028, and the deadline for motions to intervene is January 8.
Further reading
For broader context on tribal history in the region, explore more Native American coverage on Wisevoter.
Source note: This article includes information reported by Salina Journal.
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