FORT INDEPENDENCE INDIAN COMMUNITY v. California
Opinion
Opinion
Karlton, J.
ORDER
Plaintiff Fort Independence Indian Community, a federally recognized tribe, brings suit against the State of California and associated officials (collectively, the “State”). The Tribe’s sole remaining claim alleges that the State has violated its obligation to negotiate in good faith regarding a Tribal-State gaming compact. In particular, the Tribe argues that the State has improperly insisted upon a revenue sharing agreement. Although the Indian Gaming Regulatory Act is apparently hostile to such agreements, they have become common. These agreements have also been upheld by the Department of the Interior, the agency that administers this aspect of the IGRA.
The parties have filed cross motions for summary judgment. The court resolves the matters on the papers, including supplemental briefing, and after oral argument. Questions of material fact remain, but the court grants summary adjudication/partial summary judgment as to several issues.
I. BACKGROUND
A. Statutory Background
The Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., divides gaming into three classes. Class III gaming, which includes slot machines and similar devices, is at issue in this case. Under…