What 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.
Thursday, 27 March 2008 08:51

