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January 14, 2009
AMADOR COUNTY, CA - Buena Vista Rancheria of Me-Wuk Indians won a decisive
victory in federal district court last week when Judge Richard W. Roberts
dismissed a lawsuit brought by Amador County to block its planned casino outside
Ione, California. The ruling was a blow to opponents of a second casino in
Amador County. The existing casino is Jackson Rancheria Casino and Hotel on
Highway 49. There is also a third casino being pursued by the Ione Band of Miwok
Indians that would be located near Plymouth.
The lawsuit was filed in U.S. district court in April 2005 against the U.S.
Department of the Interior for is approval process of the gaming compact between
the state of California and Buena Vista Rancheria of Me-Wuk Indians. The
Interior Secretary Kempthome did not sign off on the compact when it was
submitted to him in 2004. Under federal law, the compact is considered approved
if the Secretary takes no action within 45 days.
Judge Roberts wrote in his decision: "While Amador County has standing, it has
nonetheless failed to state a claim entitling it to relief under the APA because
of the Secretary's choice to take no action on the amended compact is
unreviewable and the Secretary's deemed approval is lawful by the express terms
of IGRA. Thus, the defendants' motion to dismiss will be granted."
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