City

Citizens to Enforce CEQA v. City of Rohnert Park

Good Law

131 Cal. App. 4th 1594·2005 Cal. App. LEXIS 1300·2005 Daily Journal DAR 10159·33 Cal. Rptr. 3d 208·2005 Cal. Daily Op. Serv. 7514

Court of Appeal of CaliforniaJuly 25, 2005A106592California2,980 words

Opinion

Marchiano, J.

Plaintiffs are a citizens group and two individuals opposed to the construction of a casino by the Federated Indians of the Graten Ranchería (Tribe). They filed an action against the City of Rohnert Park (City) and the city council that named the Tribe’s independent contractor, SC Sonoma Development, LLC (Developer), as real party in interest. The action sought to force the City to comply with the provisions of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) before entering into a memorandum of understanding (MOU) with the Tribe regarding funding of possible public improvements. We affirm because the MOU is merely a funding mechanism that does not trigger CEQA review.

BACKGROUND

The general background of this case is set out in our opinion in the related appeal in Worthington v. City Council of Rohnert Park (2005) 130 Cal.App.4th 1132 [ 31 Cal.Rptr. 3d 59 ] (Worthington). The following is a brief summary of the regulation of Indian gaming and the facts leading up to the City’s MOU with the Tribe.

Regulation of Indian Gaming

The Indian Gaming Regulatory Act (IGRA), 25 United States Code section 2701 et seq., authorizes tribal…

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