County of Madera v. Picayune Rancheria of the Chukchansi Indians
Opinion
Opinion
Ishii, J.
ORDER VACATING HEARING DATE OF DECEMBER 19, 2006, AND ORDER ON MOTIONS TO REMAND, TRANSFER, AND TEMPORARY RESTRAINING ORDER
This case involves a dispute between the County of Madera (“the County”) and the Picayune Ranchería of the Chukchansi Indians (“the Tribe”). The Tribe operates a casino and is attempting to construct a hotel and spa on the same land, apparently for use by casino patrons. The Tribe began construction, but the County issued stop work notices because the Tribe did not obtain certain construction permits required by the County. The County filed a nuisance abatement suit against the Tribe in state court and the Tribe removed the suit to this Court. Currently pending before the Court is the County’s motion to remand and motion for temporary restraining order. Also pending is the Tribe’s motion to transfer. All motions are set for hearing on December 19, 2006. For the reasons that follow, the Court will vacate the December 19, 2006, hearing, grant the County’s motion to remand, and deny the Tribe’s motion to transfer and the County’s motion for temporary restraining order as moot.