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NO CASINO IN PLYMOUTH

Dear No Casino In Plymouth Supporters


By now most, if not all, of you have heard about the District Courts
decision to support taking land in Plymouth into trust for a casino. The
District Court rejected the arguments presented by No Casino In Plymouth
and Citizens Equal Rights Alliance (NCIP/CERA) in our suit against the
Federal Government to stop a fee to trust for a casino in Plymouth. The
Court also decided against Amador Countys challenge which included
some of the same arguments. Instead, in two decisions clearly contrary to
the Supreme Court decision in Carcieri, the District Court decided for the
Federal Government and the Tribe.
However, due to the multitude of factual errors, misleading statements,
dismissal of previous District Court decisions, and the District Courts failure
to follow the Supreme Courts clear directions in Carcieri in its analysis NCIP
is confident an appeal would be successful. Therefore, we are working with
our legal counsel and CERA to determine if an appeal is our best course of
action. That decision will be made in the near future and posted on the
NCIP website at nocasinoinplymouth.com The Decision will be posted
there as well.
While disappointing, these types of legal challenges frequently lose in the
lower courts only to be overturned when appealed. This decision is not
entirely unexpected and can be overturned by the Circuit Court based on
the arguments presented by NCIP/CERA and Amador County. This is the
Defendants first success in over twelve years and comes from a decision
which misapplied the law, dismissed previous Federal District Court
decisions, and misinterpreted the Supreme Court s decision in Carcieri.
The District Court gave deference to the Federal Government and Tribes
interpretations of the facts and law in our case and that is precisely why we
are reviewing our appellate options.
No Casino In Plymouth remains committed to ensuring that the law is

followed and Plymouth is protected from any casino development.


This was not a Done Deal in 2003 and it is still not a Done Deal in 2015!
No Casino In Plymouth
October 15, 2015

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