The Scotts Valley Band of Pomo Indians filed motions on Friday morning in three federal cases seeking dismissal of lawsuits brought by its rival casino tribes, just one day after learning that its initial gaming rights for a planned Vallejo casino project may have been based on “a legal error.”
24 single-family homes, a tribal administration building, a parking garage, and a 45-acre biological preserve area situated inside and next to the city boundary in Solano County, close to the intersection of Interstate 80 and Highway 37, are all part of the proposed 160-acre Vallejo casino. At a cost of $700 million, the casino would be open seven days a week, twenty-four hours a day.
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However, after Judge Trevor McFadden of the United States District Court for the District of Columbia rejected Scotts Valley’s efforts to invalidate the reconsideration process in October, and after the Department of the Interior acknowledged on Wednesday that its initial approval of Scotts Valley’s proposed casino may have been based on “legal error,” the tribe filed the following motions to intervene and dismiss:
The motions are before the United States District Court for the District of Columbia, and they seek to dismiss lawsuits filed by opposing casino tribes attempting to overturn the Department of the Interior’s Jan. 10 decision to place 160 acres of land in Vallejo in trust for Scotts Valley and confirm the Tribe’s eligibility to conduct gaming on that land under the federal Indian Gaming Regulatory Act.
Scotts Valley said on Friday that it had moved to intervene in each case, with the sole intention of seeking dismissal under the Federal Rules of Civil Procedure. According to the Tribe’s viewpoint, because the cases directly threaten Scotts Valley’s trust land and eligibility for restored lands, federal law necessitates the Tribe’s participation as a party; nevertheless, tribal sovereign immunity protects the Tribe from being unwillingly joined. According to binding Supreme Court precedent, the cases must be dismissed.
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