The California Supreme Court ruled last week that Gov. Jerry Brown acted within his authority when he concurred with a federal decision in 2011 that led to the approval of the Enterprise Rancheria’s tribal gaming project in Yuba County, according to a news release from the Tribe.
In a 5-2 ruling on the case United Auburn Indian Community v. Newsom, the Court determined that because ‘the Legislature has enacted no such law (to restrict or eliminate the governor’s authority to concur) means the power to concur remains in the Governor’s hands.”
“Our Tribe has always followed the letter and spirit of the law and prevailed in every court decision despite efforts by some competitors to use the courts to slow the project down,” said Glenda Nelson, tribal chair of the Estom Yumeka Maidu of the Enterprise Rancheria. “This ruling puts all legal issues behind us once and for all …”
Confident in their legal standing, in July 2018 the Tribe successfully raised $450 million to finance the construction of its new gaming facility, Hard Rock Hotel & Casino Sacramento at Fire Mountain.
In 2002, the Tribe requested the federal government to take the proposed site near Marysville in trust for gaming purposes. In 2011, after a lengthy federal review, the assistant secretary – Indian affairs determined that gaming on the land would be in the best interest of the Tribe and not detrimental to the surrounding community and requested the governor’s concurrence to move forward, according to the news release.
A year later Brown concurred.
Opponents eventually challenged the governor’s authority to concur, arguing that California’s Constitution required legislative authorization.
Hard Rock Hotel & Casino Sacramento at Fire Mountain opened Oct. 30, 2019, near Wheatland.