01/30/2009

- County asks federal judge to reverse casino case dismissal

By Jerry Budrick - Amador Ledger Dispatch

The Amador County Board of Supervisors has decided to continue its legal battle to prevent construction of an Indian casino on Coal Mine Road in Jackson Valley.

In a surprising move last Friday, the county filed a motion to alter or amend the judgment made Jan. 8 to dismiss the county's first amended complaint, filed nearly four years ago.

The original 2005 lawsuit had sought to deter completion of tribal plans for construction of the Buena Vista Casino on a parcel of land of contested status for nearly four years. Judge Richard Roberts, in the United States District Court for the District of Columbia, dismissed the lawsuit on the basis of an automatic approval mechanism contained in the Indian Gaming Regulatory Act.

"When we got the dismissal, there were three paths open to us," explained County Administrative Officer Terri Daly. "We could walk away, we could file a motion to re-consider, or we could go for a full-fledged appeal."

In closed session, the board decided to file the motion, employing the services of Dennis Whittlesey, the outside counsel in Washington, D.C., who had filed the original lawsuit.

Given the straitened financial circumstances that have been driving the county to layoffs, furloughs and spending freezes, word on the street has been that the county had no money to further pursue its opposition to the Buena Vista Casino. As it turns out, some funds were still available.

"Every year, we put money into the budget for outside counsel," Daly explained. "We had 10 days to do this at minimal cost."

Daly didn't specify an amount of money left in the outside counsel account, but hinted that it was not sufficient to "go for a full-fledged appeal," though that option has not been completely ruled out.

On Wednesday evening, the Ione City Council voted 4-1 to reiterate its support of supervisors' opposition to the Buena Vista Casino.

"The city council already asked the county to negotiate on our behalf," said City Manager Kim Kerr, who later confirmed that the city council had first asked the board of supervisors to negotiate on the city's behalf in 2005 and had renewed that request in 2007.

Appearing before the council were Jerry Cassesi and George Lambert, staunch opponents of the proposed casino. Cassesi thanked the council for its consideration of the resolution, briefly stating that "the only way I can think of to get from Sacramento to Buena Vista is through Ione." He went on to point out that the tribe's plan to pay $100,000 to the city annually would not come close to mitigating the impacts.

Lambert, the former interim city manager of Ione, referred to a third tribal casino project proposed for Plymouth. "The board of supervisors is already moving in the right direction," he said. "Three casinos in one small county is just too much."

The only member of the city council to vote against approval of the resolution was Mayor Lee Ard, who did so on economic grounds. "Although I don't want casinos, from a management standpoint, I can't see the county pushing money away from the front door while they're pushing workers out the back," he said. "A good, competent company or board knows when to cut their losses."

Ryan Rauzon, a Buena Vista tribal spokesperson who attended the meeting, later said that the tribe agrees with the mayor. "Given the economic conditions, it doesn't make sense (to continue opposition to the casino)," he said. "The tribe has always maintained that the lawsuit is without merit."

Asked about the county's plans for the future, Daly said local financial support may be examined. "There is still a little bit of money in the (outside counsel) account," she said. "County staff would look into the possibility of accepting donations to a county defense fund."