Save the Valley, opponents of the Santa Ynez Band of Chumash Indians’ desire to expand its Chumash Casino oppose moving their legal challenge from Santa Barbara Superior to federal court. They have asked the Ninth Circuit Court of Appeals to return the case to the state court.
The group claims they are not seeking to reopen a federal case or revisit its judgment from more than 100 years ago. “Save the Valley, LLC sought only to enforce the judgment that binds the United States and the Santa Ynez Band of Mission Indians,” wrote the attorney for the group.
The lawsuit is only the latest in a series pursued by the group to stop the casino expansion.
The federal attorneys argue that the group’s lawsuit concerned “significantly different relief and issues than those already litigated” and that was why it should go to federal court.
The case being referred to occurred n 1906 and involved the Catholic Church, and involved ownership of land and water rights of the Zanja de Cota Creek. Save the Valley contends that the use of the water is limited to domestic rather than commercial use, and therefore should not be used by the casino.
U.S. attorneys argue the opposite. In their brief to the court of appeals, they wrote: “In its zeal to stop the tribe from expanding its casino and hotel, STV seeks to challenge the title to the reservation and the tribe’s use of it. Simply put, a suit challenging government property rights is a suit against the United States; suits against the United States, subject to some exceptions not applicable here, must proceed in federal court. Thus, STV’s cause of action was properly removed to this court.”
