Court sides with Colusa gaming tribe

A federal appeals court has allowed the tribe that owns the Colusa Casino Resort to continue its battle with California for more slot machines.

The 9th Circuit's three-judge panel in Pasadena ruled last week the Cachil Dehe Band of Wintun Indians does not need backing from other Native American tribes to press its demand for hundreds of new slot-machine licenses. The tribe operates 864 slots at its casino and hotel north of Colusa.

The case will return to U.S. District Court in Sacramento. George Forman, a San Francisco lawyer for the Cachil Dehe, said the court could rehear the case within three months.

Attempts to reach the state Attorney General's Office on Friday were unsuccessful.

The tribe's dispute dates to 2003, when it applied to the state Gambling Control Commission for the right to add 377 slots but came up empty-handed. A drawing to allot licenses to various casino-owning tribes placed the Cachil Dehe in a lower-priority tier, extinguishing its chance to install more machines.

After the state turned aside the tribe's opposition to the drawing process, the Cachil Dehe sued in October 2004.

But a federal judge dismissed the suit two years later, saying it could not move forward unless other tribes joined the suit as "indispensable parties."

The gambling commission argued granting more slot licenses for the Colusa Casino would shortchange other tribal casinos because of a limit on the total number of gambling devices in California.

However, the appeals court said the Colusa tribe's request for more slot machines must be considered on its own merits, regardless of how it would affect business at other tribal casinos.

"The mere fact that the outcome of (the tribe's) litigation may have some financial consequences for the non-party tribes is not sufficient to make those tribes required parties," wrote Judge William Canby Jr.

He also dismissed state concerns about depriving other casinos of a chance to install more gambling machines, saying California could simply raise its statewide cap on the devices.

Contact Appeal-Democrat reporter Howard Yune at 458-2121 or hyune@appealdemocrat.com.