Kansas City, Kan. ? The fight over the 7th Street Casino isn’t over.

U.S. District Judge Richard D. Rogers in Topeka on Friday allowed Kansas to reopen a lawsuit challenging the legality of the Oklahoma-based Wyandotte Nation’s downtown casino.

The casino opened in January despite the state’s claims that the money the tribe used to buy the land wasn’t allowed for such purposes, disqualifying its use for a casino.

The 10th U.S. Circuit Court of Appeals in October ruled that a legal challenge of the casino came after the land had been placed into trust by the federal government on behalf of the tribe, insulating the government from the state’s lawsuit and leaving the federal courts with no jurisdiction.

The three-judge panel dismissed the case, but two of the three panel members recommended the state restart its legal challenge. Rogers agreed, saying dismissal was caused by judicial mistakes.

Mike Leitch, civil litigation chief for Kansas Attorney General Stephen Six, said the state isn’t seeking to shut the casino down.

The nation opened a more limited casino on the site in 2004, housed in a series of mobile homes. That operation was raided and quickly closed by state and local law enforcement.

The tribe claims its $20 million purchase of the building and half-acre tract of land was proper, qualifying it for federally licensed casino activity.