As reported by: Sierra Star
December 15 is “T Day” for the Chukchansi Gold Resort and Casino.

That's when attorneys representing the Picayune Rancheria of the Chukchansi nation and attorneys for Madera County tax assessor Thomas Kidwell duke it out before the board of supervisors. The board will rule on the merits of the presentations and settle the tax issue.

The hearing will decide how much additional taxes - if any - the casino will have to pay the county. Attorney Dennis M. Cota, a partner in Best Best & Krieger LLP, Sacramento, representing the assessor's office, contended in the original mid-summer hearing it is the tax assessor's intention to continue to tax six parcels of casino land which are not yet in trust and therefore taxable. Trust application for the six parcels has been made.

Attorneys Michael J. Anderson, of Monteau & Peebles LLP, Washington, D.C., and Mark A. Levitan of the firm's Sacramento office, represent the Chukchansi nation and casino.

The mid-summer hearing was followed by three postponements and county counsel David A. Prentice went to Sacramento last week to get the hearing back on track. The December 15 session before the board of supervisors will be the final hearing and the board will decide at that time, according to Mr. Prentice, whether to tax or not to tax. Some $80,000 in taxes have been paid on the six parcels in question and it is Mr. Cota's contention that the tax assessor has the legal obligation to continue to tax those lands which are not in trust.

At the original hearing Chukchansi tribal chair Dixie Jackson adamantly opposed further taxation saying it was a “violation of the MOU” (memo of understanding) to further tax the parcels. “We will do whatever it takes to (negate) this (tax) action,” she said. Mrs. Jackson in her opening statement referred to the tribe's excellent working relationship with the county and to the signing of the MOU which resulted in considerable financial and service support for Madera County as an expression of the tribe's good faith. At the time the MOU was described as a model for other Indian casinos in the state.

Mr. Prentice said he will meet with the board of supervisors in closed session on October 28 to present the arguments for and against the proposition to continue taxing the casino land.