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by: Gene Koprowski.
A federal appeals court says to North County, Calif. Indian tribes can sue the state to seek permission to add hundreds of slot machines.

The court ruled that the tribes have the right to tell a judge why the state should ante up and add new slots.

However, experts say, any final decision that could put more slots in the casinos , and maybe more traffic on the roads to the local gaming houses, will take some more time.

So far in the cases ---- Rincon sued in 2004, San Pasqual in 2006 ---- the courts haven't looked at the actual issues, the tribes' arguments. Rincon runs Harrah's Rincon Resort; and Casino and San Pasqual operates Valley View Casino, both of which are in the Valley Center area.

"The court hasn't even addressed the issues, let alone decided it," said Howard Dickstein, a tribal attorney.

At the center of the issue is the number of slot machines allowed under a 1999 California state agreement that gave the tribes permission for gaming .


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The very number of allowed slot machines, which state officials believe has already been reached, is the subject of contention among tribal lawyers, the governor and the state's legislative analysts.
 
The state government maintains the agreement sets the number of slot machines allowed at 62,000 divided up among each of the state's gaming tribes, of which there are about 60.
 
According to the state, there are no more licenses available to give to Rincon and San Pasqual.

But, Rincon and San Pasqual say the state's formula for determining which tribes get slot machines and how many, is unfair.

The two tribes each have about 1,600 slots; both want to increase that number to at least 2,000.

That fight has remained untouched by the courts, as it first had to deal with the legal controversy over whether the tribes could sue.

The federal trial courts initially said they could not sue, unless all the other California tribes with casinos also joined in since they were all party to the same 1999 state agreement.



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