The U.S. Supreme Court has declined to hear an appeal of a January decision by the 9th Circuit Court of Appeals that protects California’s Buena Vista Rancheria of Me-Wuk Indians from having their compact challenged by Friends of Amador County.
The Friends had sued the Bureau of Indian Affairs hoping to overturn the BIA’s decision recognizing the tribe. The Appeals Court ruled unanimously that the tribe must be a party to such a suit, but could not be sued due to sovereign immunity.
However, at the same time the Appeals Court ruled that the tribe must contend in court with a nine-year old challenge by Amador County.
Writing for the panel, Judge David Sentelle wrote: “The tribe’s motion for intervention and the subsequent appeal have delayed a decision on the merits for three years. If the tribe’s motion were granted, a resolution of this case would be further delayed.”
The decision remands the casino back down to a trial judge, who can then rule on a lawsuit challenge to the tribe by Amador County.
The tribe proposes a casino on 67 acres in Amador County, 36 miles from Stockton. It would deploy 1,650 slots, 60 gaming tables, and four restaurants and would have parking for as many as 1,000 cars.
