TULSA, Okla. (AP) — The Oklahoma attorney general wants the nation’s highest court to overturn an appeals court ruling that tossed the state’s challenge of a planned Broken Arrow casino.

Attorney General Scott Pruitt in 2012 sued the Kialegee Tribal Town, arguing the casino violated the Indian Gaming Regulatory Act.

A federal judge issued a preliminary injunction in the lawsuit, halting construction on the casino. But the judge’s order was set aside by a three-member panel of the Denver-based 10th U.S. Circuit Court of Appeals in November. The panel also ordered the case to be dismissed.

The full court denied Pruitt’s request in December to reconsider the three-judge panel’s decision.

The Tulsa World reports Pruitt is appealing to the U.S. Supreme Court.

An attorney for the tribe couldn’t be reached for comment.