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Court reinstates East Bay deal for Indian Casino
March 1, 2010
SAN FRANCISCO - The California First Appellate District in San Francisco has
handed a major setback to anti-casino and environmentalist groups trying to
block construction of a 225,000 square-foot casino on 30 acres in Richmond.
The court reinstated the casino agreement made in December 2006 between the City
of Richmond and the Scotts Valley Band of Pomo Indians and ruled an environment
review is not required for the deal.
The tribe had agreed to a municipal services agreement to pay Richmond $8.2
million for fire protection, police and public works projects plus several
million dollars annually for the next 20 years. The Parchester Village
Neighborhood Council and some East Bay environmental groups tried to block the
project in a lawsuit claiming the city needed an environmental review before
agreeing to the casino.
The trial court casino had determined that the Indian casino was subject to
environmental review under the California Environmental Quality Act (CEQA).
However, the appeals court disagreed because the casino is to be built the city
boundaries, which excludes it from the CEQA.
Justice Robert Dondero wrote "While the municipal services agreement does
indicate that the city agreed to support the tribe's efforts to acquire the land
and to obtain the requisite approvals from the (Bureau of Indian
Affairs) and the Governor, this expression of support does not transform the
casino into a 'project' so as to trigger an environmental review."
Return to California Casinos.
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