NAPA, Calif.— Maneuvering in the legal battle between the city of American Canyon and Napa Valley Casino continued this week, with some movement towards agreement in one of the two cases.
In Napa Superior Court Tuesday both parties agreed to judicially supervised settlement talks in the city’s criminal complaint against the card room.
In October the city filed a criminal complaint for nonpayment of $108,000 in card room admissions tax, a $2-per-visit card room fee approved by the city’s voters in 2010. Card room owners responded with a civil suit, arguing that the tax violates state gaming statutes and the federal and state constitutions.
Card room owners Brian Altizer, his wife, Von, and partner Keith Miller have pleaded not guilty to the criminal charge.
“If they were to demand a (admissions) fee it would violate state law,” Steven Disharoon of Wood, Smith, Henning & Berman LLP, attorneys for Napa Valley Casino, said in an earlier interview.
City Attorney William Ross said that direct judicial involvement in talks would clarify the issues and create a framework for a settlement.
“Judicial supervision of settlement talks facilitates both parties knowing exactly where they are and gives formality to the proceedings,” said Ross.
Judge Monique Langhorne-Johnson scheduled supervised settlement talks for Thursday. The judge said a trial date in the criminal case would be scheduled at that time if no agreement was reached.
In the meantime, the city has filed a motion to stay the hearing of the civil case filed by card room owners until after resolution of the criminal case. The hearing for that motion is scheduled for Feb. 8.
A threat by the city to rescind the card room’s business license last month ended when Napa Valley Casino owners refiled with updated information.