Citizens Groups Opposing Tribal Land Annexations in the Santa Ynez Valley Retain Former U.S. Solicitor General Theodore B. Olson to Pursue a Federal C

22 February 2006

Citizens groups Preservation of Los Olivos (POLO) and Preservation of Santa Ynez (POSY) announced today that they have retained former U.S. Solicitor General Theodore B. Olson, a partner in the international law firm of Gibson, Dunn & Crutcher LLP, to represent them in a federal court action challenging a proposed land annexation by the Santa Ynez Band of Chumash Mission Indians.

POLO and POSY were formed in 2001 by a group of citizens concerned about preserving the rural quality of California's Santa Ynez Valley, an agricultural region in northern Santa Barbara County that also happens to be home to the Chumash Tribe's 139-acre rancheria. The Tribe's 157 members already operate a casino on that property, and they are currently asking the federal government to permit the addition of another 13 acres of land adjacent to their existing land area. Because land that the federal government holds in trust for Indian tribes is exempt from all state and local regulations- including zoning control-POLO and POSY are deeply concerned that the Chumash Tribe's efforts to extend its landholdings will result in further unregulated commercial development-including a possible casino expansion-that could severely compromise the natural beauty, orderly development, and tranquility of the Santa Ynez Valley.

POLO and POSY have been actively opposing the Chumash Tribe's trust application through all available legal and political channels. Dr. Doug Herthel, President of POLO, explained that his organization opposes the proposed tribal land expansion because Santa Ynez Valley residents have "witnessed firsthand the detrimental impact that the Chumash Tribe's casino has had on the Santa Ynez Valley. The once peaceful area is now plagued by crime, traffic, and congestion. Further tribal land acquisitions would open the door to expansion of the casino, and would further compromise the quality of life for all residents of the Santa Ynez Valley."

POLO and POSY also oppose the County of Santa Barbara's efforts to negotiate an intergovernmental agreement with the Chumash Tribe because such an agreement would permit the Tribe to acquire additional trust land without providing any assurance that the property would not be used for casino expansion or other purposes incompatible with the Valley's rural character.

POLO and POSY pursued their cause all the way to Washington, D.C., where they argued to the Department of the Interior-the federal department that oversees Indian lands-that under applicable federal law the Chumash Tribe's trust application must be denied because the annexation would adversely impact neighboring residential and business areas. Although the Department of the Interior denied this appeal by declining to address the merits of POLO and POSY's positions, POLO and POSY have a right to judicial review of that decision by a federal court. The citizens groups have hired Theodore B. Olson to pursue that claim.

Theodore Olson was the 42nd Solicitor General of the United States and has argued 42 cases before the Supreme Court of the United States, including cases concerning due process, equal protection, property rights, the environment, criminal law, separation of powers, and the First Amendment. New York Times columnist William Safire described Mr. Olson as this generation's "most persuasive advocate" before the Supreme Court and "the most effective Solicitor General" in decades. Mr. Olson also served as private counsel to both Presidents George W. Bush and Ronald Reagan, and held the position of Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, in which capacity he was the Executive Branch's principal legal adviser.

Discussing his representation of POLO and POSY, Mr. Olson stated that he is "deeply honored to have the opportunity to represent the citizens of the Santa Ynez Valley in this extremely important matter. The suit that POLO and POSY will file in federal court is necessary to protect the rights of the Santa Ynez Valley's residents and to preserve the pristine character of that rural community. POLO and POSY deserve their day in court, and I will do my very best to ensure that the court fully considers their position on the tribal annexation issue."

For more Information: http://www.polosyv.org

Source: prnewswire

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