In its answer to the tribe’s complaint, the state says that the tribe has no right to insist on a compact for class III gaming because when the Big Lagoon land was taken into trust for the tribe, “the Rancheria misrepresented the use to which that land would be put and, thus, fraudulently induced the United States to accept the conveyance of that land in trust for Big Lagoon.” That is, says the state, the tribe didn’t say it would be wanting to build a casino there someday with Vegas-style slots.
The tribe is asking the court to find that the state acted in bad faith, and to compel the state to reach a compact with the tribe within 60 days. Failing that, said Moorehead, the complaint asks that the state and tribe separately submit their last, best offers to a court-appointed mediator, who will choose one of them.
There’s a case management hearing June 25, said Moorehead, in Judge Claudia Wilken’s court.
And if the state wins and the tribe’s class-III plan gets nixed?
Then the tribe will still go ahead and build a hotel-casino on Big Lagoon. “We don’t need a compact with the state for a class-II casino,” Moorehead said. “We could right now do a class-II casino and hotel there. We already have all the federal approvals.
It would be an uneasy concession: Class II gaming is basically bingo.
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STAFF PICK / events, art, outdoors, sports, for kids, free / 9 a.m.-6 p.m. A 3-day, 42-mile kinetic sculpture race over land, sand, mud and water! LeMans start at the Noon Whistle on the Arcata Plaza. Follow the race through Manila, Eureka and into Ferndale on Memorial Day for the Glorious Finish. kineticgrandchampionship.com. 889-3024.
STAFF PICK / events / 8 p.m. Arcata Theatre Lounge, 1036 G St. Student designed and produced clothing. Fundraiser for Arcata Arts Institute. $35/$25 students. artsinstitute.net. 822-1220.
events / 8 a.m.-noon. Woodside Preschool, 900 Hodgson St, Eureka. www.woodsidepreschool.com. 445-9132.
STAFF PICK / outdoors / 9:30 a.m.-12:30 p.m. Meet at Pacific Union School. Help remove non-native invasives at the Lanphere Dunes Unit of the Humboldt Bay National Wildlife Refuge. Tools and gloves provided, wear work clothes and bring water. Carpool to the protected site. 444-1397.
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