Fort Independence Survives Summary Judgment in IGRA Good Faith Suit

Here are the materials in Fort Independence Indian Community v. California (E.D. Cal.):

California Motion for Summary J

Fort Independence Motion for Summary J

California Response Brief

Fort Independence Response Brief

California Reply Brief

Fort Independence Reply Brief

Fort Independence DCT Opinion

An excerpt, listing the issues decided and the remaining issue:

The court grants summary adjudication as to the following issues:
* The State’s proposal comport with 25 U.S.C. section 2710(d)(3)(C)
* Forfeiture of the right to receive RSTF payments is not a tax, fee, charge, or assessment.
* The offer of permission to conduct Class III gaming is not a “concession.”
* The offer of exclusivity is a concession.
A material question exists as to whether the concession of exclusivity is meaningful. The matter will proceed for resolution of this issue.
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