Opponents of the Cowlitz Indian Tribe’s long-fought battle to establish a reservation and casino resort near La Center filed an appeal Tuesday after a U.S. District Court judge dismissed their lawsuit last year.
In December, U.S. District Judge Barbara J. Rothstein in Washington, D.C., released a 57-page opinion rejecting the plaintiff’s case against the Department of Interior’s decision to secure 152 acres of land west of La Center for the tribe. The plaintiffs include the city of Vancouver, Michels Development, which runs La Center’s cardrooms, and the Confederated Tribes of the Grand Ronde, operators of the Spirit Mountain Casino in Oregon.
With Rothstein’s decision, Cowlitz tribal leaders expected to be able to take the land into trust this winter. But the plaintiffs’ latest challenge sets back any resolution for at least several more months.
The appeal will go before a panel of three federal judges later this year, said Brent Boger, an assistant attorney for the city of Vancouver. Boger said he expects oral arguments to be scheduled for a date in the fall, likely in November.
A decision could come before the end of 2015 or early next year, Boger said. Depending on how the judges rule, one side or the other is likely to further appeal the case to the U.S. Supreme Court, he said.
Also among the plaintiffs is a group called Citizens Against Reservation Shopping, which includes Scott Campbell, the publisher of The Columbian.
The Cowlitz, a tribe without a reservation, has long been in pursuit of land in Southwest Washington. After the tribe won federal recognition in 2000, opponents challenged the ruling, but it was upheld two years later.
Shortly after, the Cowlitz applied to take the land into trust. The Bureau of Indian Affairs issued a record of decision for the tribe’s plans in 2010, but the plaintiffs appealed that as well.
A federal judge then threw out the record of decision in 2013. A new one was issued soon after and appealed once again.
In October, the federal government released a notice of plans to take the land into trust by Jan. 21 of this year or 30 days after a ruling in favor of the Cowlitz.
Despite promises of an appeal in December, the Cowlitz rejoiced at Rothstein’s ruling. On Dec. 12, Tribal Chairman William Iyall released the following statement: “The Cowlitz Indian Tribe has been landless for over 160 years; this decision provides justice for all Cowlitz who have come before us and given their lives on behalf of all Cowlitz people.”
The tribe envisions building a 250-room hotel and casino with up to 134,150 square feet and additional space for retail, restaurants and a convention center. It would sit immediately west of I-5, just minutes away from La Center’s cardrooms.
Ties questioned
Critics question the tribe’s historical connections to the 152-acre site in Clark County, noting that the Cowlitz offices are 24 miles away to the north, in the Longview-Kelso area. Plaintiffs argue the tribe set its sights on the land because it’s just a quick drive for casino goers from the Portland-Vancouver area.
In her decision, Rothstein wrote that the Indian Reorganization Act of 1934 enables the Secretary of the Interior to take land into trust for a reservation. The Indian Gaming Regulatory Act of 1988 prohibits gambling on lands acquired after 1988, but Rothstein noted that exceptions can be made for tribes that have since restored their federal recognition.
Attorneys from the city of Vancouver met with tribal leaders a few weeks ago to discuss the status of their long-running dispute, Boger said.
“It was cordial,” he said, adding that the tribe pledged to continue fighting for the land. “They just shared with us some of their plans and that they intend to go forward.”
Last month, the tribe started the process for developing a transportation safety plan for the reservation. Tribes with a reservation-wide safety plan can apply for discretionary safety funding from the federal Tribal Transportation Program.
Boger said he doesn’t expect any private investors to get involved in the transportation plan while the land remains in limbo.
