Thursday, 27 March 2008 08:51

“Minor Victory" In County's Lawsuit

slide13.pngWhat could be viewed as a minor victory for those against the Buena Vista Casino and in support of the County’s lawsuit was announced late last week. A federal judge issued a “minute order” on March 21st in the County’s case“The Court’s ruling means that the Court has filed as a matter of right the County’s amended complaint challenging the federal government’s ruling that the land is eligible for gaming. The amended complaint adds to the original lawsuit a claim that historically there was no tribe at the Buena Vista Rancheria for which land served as a tribal reservation,” stated Martha Shaver, County Counsel for Amador County. Further, the Court ordered that in light of the filing of the amended complaint, the federal government’s motion to dismiss was denied without prejudice. But what exactly does that mean? “This means that the government can refile the motion to dismiss or file an answer or other responsive pleading that the statement has been amended,” said Shaver. In other words, a very small hurdle in an uphill battle. “It’s too early to say. They have a ten day timeline to file,” says Supervisor Louis Boitano, who remains optimistic. “At least we know the judge is working on this.” challenging the federal government’s determination that the site of the casino is eligible for Indian gaming. In a statement released yesterday, County Administrative Officer Terri Daly outlined the details of the decision.