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The California State Supreme Court ruled Monday in favor of North Fork Rancheria’s plans to build a casino and hotel off Highway 99 near Madera.
The court issued a 73-page decision settling the question of whether Gov. Gavin Newsom has the authority to concur with a decision by the Secretary of the Interior to take off-reservation land in trust and build tribal gaming without legislative approval.
The tribe has a 61-acre rancheria near North Fork, a few miles east of the Chukchansi Gold Resort & Casino, but North Fork tribal members say the site is too small and too remote for a casino.
North Fork Rancheria’s plans were delayed by a nearly decade-long legal challenge led by the United Auburn Indian Community of the Auburn Rancheria. The case made its way to the California Supreme Court in 2016.
Writing the majority opinion, Justice Mariano-Florentino Cuéllar said: “Our decision is supported by the Governor’s historical practice of concurring under a variety of federal statutes, the legislatively enacted expectation that the Governor represent the state’s interests in negotiations or proceedings involving the federal government,and the absence of any explicit constitutional or statutory limits on the Governor’s power to concur in the Interior Secretary’s determination under Indian Gaming Regulatory Act.”
Rancheria officials praised the court’s ruling.
“We are thrilled that the Court has finally decided this case in our favor” wrote North Fork Rancheria Tribal Chair Elaine Bethel-Fink on the tribe’s Facebook page. “Our tribal citizens and local community have been denied the advantages of tribal gaming – billions of dollars in economic benefits and thousands of jobs – for far too long.”
Monday’s court ruling also affects a proposed casino in Yuba City.
The North Fork Rancheria and partner Station Casinos planned to build a gaming complex with 2,000 slot machines, 40 table games and a hotel on 305 acres along Highway 99 near Avenue 18 just north of Madera, a facility similar to Chukchansi Gold Resort & Casino near Coarsegold.
The North Fork Rancheria of Mono Indians is a federally recognized Native American tribe with over 2,200 tribal citizens and government offices in Madera County.
Bethel-Finke said in her Facebook post that while she still firmly believe that only federal law controls the gaming eligibility of trust lands, she was thankful to have this “long drawn out drama finally behind us.”
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