Brown

Stop the Casino 101 Coalition v. Brown

Good Law
178 Cal. Rptr. 3d 481·2014 Cal. App. LEXIS 886·230 Cal. App. 4th 280
Court of Appeal of CaliforniaOctober 3, 2014A140203California4,522 words

Opinion

Opinion

Pollak, J.

Stop the Casino 101 Coalition, an unincorporated citizens group, and three individuals (collectively, the coalition) appeal from a summary judgment rejecting their attempt to invalidate the compact between the state and the Federated Indians of the Graton Ranchería (the Graton Tribe) authorizing the operation of a gaming casino on a 254-acre parcel in and adjacent to the City of Rohnert Park. The coalition contends that because the State of California failed to explicitly cede to the Graton Tribe jurisdiction over the property, which was formerly held by private parties, federal law does not authorize the assumption of tribal jurisdiction over the property and therefore the state’s entry into the compact violates the California constitutional provision authorizing such gaming compacts. The state contends that the coalition’s claim is essentially an attack on the validity of action taken by the federal government that cannot be challenged in these state court proceedings, and that in all events there has been no violation of either federal or state law. We do not pass judgment on the contentious policy issues underlying the creation of Indian reservations for the purpose…

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