Stand Up for California! v. CaliforniaAnnotate this Case
Plaintiffs filed suit challenging the Governor's authority to concur in the decision of the United States Secretary of the Interior to take 305 acres of land in Madera County into trust for North Fork Rancheria of Mono Indians for the purpose of operating a casino. The trial court sustained demurrers by North Fork and the state defendants. In 2016, the Court of Appeal reversed the judgment of dismissal, concluding the Governor lacked the authority to concur in the Interior Secretary's determination to take the Madera site into trust. The California Supreme Court granted review and held this case pending its decision in United Auburn Indian Community of Auburn Rancheria v. Newsom (2020) 10 Cal.5th 538. The Supreme Court transferred this case back to this court after deciding that California law empowers the Governor to concur. The Supreme Court directed this court to vacate its decision and to reconsider the matter in light of United Auburn.
The Court of Appeal concluded that the facts of this case are distinguishable from those in United Auburn because at the November 2014 general election California voters rejected the Legislature's ratification of the tribal-state compact for gaming at the Madera site. The court concluded that the people retained the power to annul a concurrence by the Governor and the voters exercised this retained power at the 2014 election by impliedly revoking the concurrence for the Madera site. Consequently, the concurrence is no longer valid, and the demurrer should have been overruled. Accordingly, the court reversed the judgment of dismissal and directed the trial court to vacate its order sustaining the demurrers and enter a new order overruling them.