By Jennifer K. Morita, Bee Staff Writer
A developer opposed to plans for an American Indian casino in Placer County is battling the city of Lincoln in court to throw out an agreement it made with tribal leaders for a sewer hookup.
Stephen Des Jardins of Roseville contends in his lawsuit that city officials violated California’s environmental laws by failing to analyze the “significant adverse” impacts of providing a sewer connection to the proposed 49-acre site on Athens Road.
“Before the city can decide to extend services to the casino, it has to determine the environmental consequences of that decision,” said J. William Yeates, Des Jardins’ attorney. “We just don’t believe they’ve done that. They’ve jumped ahead and done something that will possibly trigger environmental consequences, but haven’t thought of then ahead of time.”
Lincoln leaders voted against providing sewer services to the United Auburn Indian Community’s proposed casino more than a year ago.
But in August, City Council members abruptly reversed their earlier decision and approved a memorandum of understanding with the tribe in exchange for millions of dollars earmarked for economic development, youth sports, libraries, law enforcement and construction of the Lincoln Route 65 bypass.
“The city of Lincoln acted very hastily and didn’t go through the proper process,” said Des Jardins, chief financial officer of Diamond Creek Partners, Ltd. “Previously when this was heard the city gave notice to the public and there were 150 people there.
“Then out of the blue this comes up and hardly anyone was there.”
Des Jardins and Yeates argue that Lincoln did not properly notify the public about the Aug. 22 meeting, even though the notice went up four days before and that council members relied on older environmental analysis to make their decision.
“We were provided a forum, but we had no notice that we’d be discussing prior environmental documents, so there was no meaningful opportunity for my client to really address the inadequacy of their environmental review,” Yeates said. “They must circulate the documents to the public.”
Lincoln’s attorney Tim Hayes declined to comment, but Councilman Ray Sprague said the city analyzed the sewer connection impact when it conducted and environmental study for its proposed wastewater treatment facility.
“Are they really worried about the environment, or do they just want to make noise?” Sprague said. “If they’re really concerned about the environment, they would welcome the fact that we’re going to handle the casino’s sewage in a plant that’s not only a high-tech but will have extremely well-trained personnel and stringent requirements.
“Rather than have two discharges into a California waterway, we’re eliminating one.”
But casino opponents, who say the proposed site is too close to schools and homes, hope a judge will invalidate the agreement, thus delaying the project.
“There’s no question in my mind this tribe has the right to have a casino in Placer County,” Des Jardins said. “But Placer County is a very big county. They need to locate this casino with sensitivity and care without harming the residents of this county.”
Howard L. Dickstein, the tribe’s attorney, said only the city of Lincoln will suffer if the agreement is revoked.
“The tribe has two options,” Dickstein said. “Build its own plant or go with Lincoln. If for some reason the developer who filed the lawsuit prevails, it has no impact on the project going forward.”
Dickstein said the tribe had adequate environmental assessments conducted for both options, so Des Jardins’ lawsuit isn’t likely to delay the casino.
“But it deprives Lincoln of everything the tribe agreed to give them. This developer is really shooting himself and the city of Lincoln in the foot,” Dickstein said.
“No individual sewer connection has undergone (an environmental) review. If we did a review every time there was a sewer connection, it would be ridiculous.”
© 2000 Sacramento Bee
