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April 21, 2005 - Supes sweeten pot in fight against casino


THIS TENT served as a casino for the Shingle Springs Indian Rancheria for four months in 1997 until it was shut down after the tribe lost a lawsuit over its use of a private road for public access to the casino. The tent is being given away to a church. See story, " Supes sweeten pot in fight against casino." Democrat photo by Joanne McCubrey
Reaffirming its opposition to the proposed casino on the Shingle Springs Rancheria, the El Dorado County Board of Supervisors approved a $200,000 budget transfer to cover the cost of continuing litigation.

The vote Tuesday was unanimous, with none of the supervisors making comments on the decision.

After the meeting, Supervisor Charlie Paine said the board is hopeful that it will see some resolution to the lawsuits soon and it wouldn't be wise to quit now.

"This is kind of the ninth inning and the board has made a decision to continue with the litigation and see it through," Paine said.

To date, the county has spent $1,689,645 fighting legal battles against the Shingle Springs Band of Miwok Indians, the tribe's financial backers, Lakes Entertainment, and state and federal agencies since the fall of 2002, according to Chief Administrative Officer Laura Gill.

The county, working with law firm Diepenbrock Harrison, is challenging the casino and tribe on several fronts. It is currently appealing rulings it lost on in its case against Caltrans, the agency responsible for designing and building the interchange needed to build the casino. Caltrans has also appealed a portion of that case that it lost and the county is responding to that appeal. No hearing date for the appeals has been set, according to Chief Assistant County Counsel Ed Knapp.

On the federal level, the county has filed an appeal with the 9th Circuit Court of Appeals to appeal a decision in its case against the Bureau of Indian Affairs. The county filed a lawsuit against the BIA, claiming the BIA's declaration that the casino project would have no significant impacts on the environment is incorrect, but a district judge ruled in favor of the federal agency.

Since that ruling came out, the county has taken its entire case, including a challenge to the status of the tribe, to the next level.

The county is also monitoring legislation and the tribe's efforts to renegotiate its compact with the governor, according to Knapp.

The Board of Supervisors has openly opposed the idea of a casino, and possibly hotel, on the rancheria since the tribe opened a tent casino in 1996. The Crystal Mountain Casino was open for one day in 1996 and then for four months in 1997 before it closed down. The tribe has since donated the tent structure, which remains on the rancheria for the moment, to a local church.

E-mail Noel Stack at nstack@mtdemocrat.net or call 344-5063.


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