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California court strikes down compact challenge

"The justices, at their weekly conference in San Francisco, unanimously let stand a Jan. 23 ruling by Div. Three of this district's Court of Appeal. That panel dismissed an appeal from Los Angeles Superior Court Judge Dzintra Janavs' ruling dismissing California Commerce Casino, Inc.'s suit against state officials who entered into the compacts pursuant to AB 687, an urgency measure enacted in 2004.

"TThe plaintiffs alleged that AB 687 violated constitutional provisions barring the use of an urgency measure to grant a franchise or privilege, barring the state from contracting away its police power, and prohibiting the state from borrowing in order to fund a year-end budget deficit.

"TJanavs ruled that the suit was effectively an attack on the validity of the compacts, not just the authorizing legislation, and was thus subject to a 60-day statute of limitations..."

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