Worthington

One of the oldest contracts between Native Americans and Europeans in the United States was Dutch representative Peter Minuit’s purchase of Manhattan Island from “Indians” for 60 guilders worth of goods in 1626. The Dutch West India Company instructed its New Netherlands’ representatives to pay something “therefor to their satisfaction” and to obtain a signed contract “signed by them in their manner.” Times change. Over 377 years later, Native Americans, in a reversal of roles, reached an agreement with city representatives that resulted in this litigation. The Federated Indians of the Graten Ranchería, a federally recognized Indian tribe (Tribe) announced plans to build a casino, 300-room hotel, spa and entertainment resort on land located west of the City of Rohnert Park (City). When the City approved an agreement with the Tribe regarding potential local impacts of the proposed casino project, an individual and a citizens group filed a petition for writ of mandate to place a referendum on the ballot regarding the City’s action.

The superior court denied the petition, stating that the City’s agreement constituted an administrative act that merely pursued a plan adopted…