October 05, 2008, 8:45 p.m.
The Associate Press
FLAGSTAFF, Ariz. — A federal appeals court that approved a plan for snowmaking on an Arizona peak sacred to Indian tribes is giving opponents time to appeal to the U.S. Supreme Court.
The 9th U.S. Circuit Court of Appeals in San Francisco on Friday granted a request to delay any construction at the Arizona Snowbowl ski resort near Flagstaff until the high court can decide if it will hear the tribes' appeal.
Tribal lawyer Howard Shanker says the order preserves the status quo and protects the rights of the Indians opposed to resort's plan to make snow on the San Francisco Peaks.
The appeals court cleared the way for the snowmaking in August after a years long court battle. The Supreme Court only takes about one percent of the cases it receives.
