The 5th District Court of Appeal sided with project opponents just days after a top executive with Las Vegas-based Red Rock Resorts said that construction on the Fresno area’s newest Indian gaming casino would break ground before the end of June.
A three-member panel of the Fresno-based state appellate court made a rule last month. It stated that the results of a 2014 statewide referendum exempted then-Gov. Jerry Brown from signing off on the Department of Interior’s decision to place 305 acres along Highway 99. It was in trust for the North Fork Rancheria of Mono Indians’ off-reservation casino project.
“We conclude that the people retained the power to annul a concurrence by the governor. The voters exercised this retained power in 2014 election by revoking the concurrence for the Madera site,” the appellate stated.