Thursday, 26 July 2007

By JAMES MADDEN

CHARLESTOWN –Friday’s 4-2 vote by the 1st U.S. Circuit Court of Appeals in Boston means the Narragansetts could be exempt from paying real estate tax and adhering to state and local laws on the 31 acres of land located off of Kings Factory Road.

Those 31 acres were purchased in 1991, and previously placed in an unrestricted federal trust by the U.S. Department of the Interior.

According to Rhode Attorney General spokesman Michael Healy, the AG’s office will appeal.
Healy said, “He (Attorney General Patrick Lynch) knows it’s a big decision that could have national implications.”

According to Healy, Lynch had no hesitation in deciding to make an appeal on behalf of the state. “Friday, he found out around 4:30 p.m. and by 5 p.m. he decided to make the appeal,” said Healy.

The trust status will not apply during the appeal process.

According to Healy, it could take as long as one to two years for the courts to even decide if they’re willing to hear an appeal. “We’re going to argue the stay remains in affect as long as we're in the appeal process,” said Healy.

For concerned residents, Healy said the down side is that the Supreme Court only hears about 10 percent of appeals.

State and local officials will have to file an appeal in Supreme Court within 90 days.

Settlement Act

The Narragansetts received 1800 acres in the Settlement Act of 1978 upon the condition the land would fall under “restricted trust,” meaning the Narragansetts would have to adhere to state and local laws, such as with town zoning ordinances and DEM regulations, if the land was developed.

According to Joseph Larisa, the Indian Affairs attorney for Charlestown, on Friday the judges based their decision on the interpretation that the 1978 Settlement Act doesn’t preclude the Narragansetts from having newly acquired land taken into “unrestricted trust,” thus exempting Narragansetts from local and state developmental laws.

Larisa said the major factor in the judges’ final decision was, “the fact we had only two judges and they had four… There wasn’t one key factor in the 80-page decision they issued. In the end they decided that the Settlement Act wasn’t as encompassing to take into account newly acquired land.”

While Healy said, “We don’t know the decision will set a precedence” Larisa had a much more grim and urgent outlook on the consequences of Friday’s decision.

“It’s enormous for the town and state,” Larisa said. “With this decision the Narragansetts would not have to adhere to state and local ordinances.”

Aside from the restricted 1,800 acres, Larisa said Friday’s decision could set the precedence for Narragansetts to purchase any property in Rhode Island and place it in an unrestricted federal trust.

Whether Charlestown will appeal as well is unclear – an appeal by Charlestown would require majority approval from town council.

Councilor Katharine Waterman said the council would take up this issue at their next council meeting August 6 or possibly as early as Monday, July 30 in a special council meeting.

In response to Friday’s decision Waterman said, “I hope the town of Charlestown would be first and foremost in supporting an appeal. The people made it very clear that they want to make Larisa our solicitor, and to defend us.”

“It would be mortifying if the AG and the Governor’s Office would make an appeal to the Supreme Court without the support of the town most affected… That would be most peculiar.”
“The very thought of this council not responding to their constituents, concerning this urgent matter, seems inconceivable. The people have voiced their opposition to having a casino in Charlestown,” said Waterman. “As President I would urge the council to come together and support the people.”

On Monday, Town Councilor John Craig said he was supportive of the Narragansetts’ right to take the 31 acres into unrestricted trust.

“I think this is something the Narragansetts and the town should be able to workout together… They’ve (Narragansetts) said there against casino gaming,” said Craig. “The state has increased gaming while they’ve been dead against the Narragansetts being able to do anything for themselves.”

Councilor Harriet Allen had a different take on the matter. She said, “I’m very concerned about Charlestown’s future and the state’s future.”

“I’m not an expert, but when the spokesman for the Governor says, ‘It’s devastating to Rhode Island sovereignty and the citizen’s ability to control what happens in the state,’ I have no choice but to take that extremely seriously,” said Allen.

“Any citizen of Charlestown has no choice but to support an appeal, not just for Charlestown but to protect the entire state of Rhode Island.”

Allen alluded to potential financial turmoil for municipalities. “The Narragansetts could partner with a commercial developer, and along somewhere like exit 2 in Hopkinton, build commercial developments… but, Hopkinton wouldn’t get any money from real estate taxes. That’s what were facing.”

Calls to Councilors James Mageau and Bruce Picard and Narragansett Tribal Councilor John Brown were not returned.