A federal judge two weeks ago dismissed a lawsuit against the $500 million casino planned by the Wilton Rancheria in the Elk Grove mall. This paves the way for construction to start this year about 40 miles from the California state capitol: Sacramento.
The tribe has fought off several legal challenges since it first announced plans for the casino resort in the unfinished Elk Grove Outlet Mall in 2013.
The most recent came from the casino watchdog group Stand Up for California, which claimed that documents it sought would demonstrate inappropriate contact between the tribe and the Department of the Interior, which put the land into trust in early 2017.
U.S. District Judge Trevor McFadden ruled that the emails the group sought were protected by attorney client privilege. The emails were generated by attorneys within the Interior Department solicitors office. In denying the request, the judge wrote “But neither email reveals a voluntary disclosure by the Department of attorney advice about its litigation strategy.”
Judge McFadden added, “Rather, the emails appear to show the Department asking about the tribe’s positions on the TRO and preliminary injunction. And it is common for parties involved in a litigation, even opposing parties, to discuss their litigation postures without revealing confidential attorney-client information.”
Tribal Chairman Raymond Hitchcock, interviewed by the Sacramento Bee, called the ruling “just another small victory in leading through this frivolous litigation.” He added, “They thought they could open a bigger door to misconduct by the government, but the judge ruled in our favor.”
Hitchcock said construction would probably begin later this year.
The activist group promised to appeal. “This case is far from over,” said the group’s spokesman, Cheryl Schmit. “The Tribe is touting the Court’s denial of the citizens’ extraordinary request to override attorney-client and deliberative privileges as a major victory, when in fact the citizens have succeeded in forcing the production of hundreds of records that document serious problems with the decision.”
In 2017 Stand Up filed another action that threatened the validity of the decision by the department to put the land into trust. The same judge dismissed the suit last year.
For 10 years the Howard Hughes Corp. has kept the city of Elk Grove in suspense, promising to complete the development of what locals call the “ghost mall.” However, two weeks ago the city of Elk Grove announced that the company has agreed to demolish the unfinished buildings.
