POLO/POSY Awarded $250,000 – Compensation for Legal Fees

Preservation of Los Olivos (POLO) and Preservation of Santa Ynez (POSY) have been awarded $250,000 from the federal government through an act meant to aid individuals and groups recover legal fees in litigation against the government. The groups have spent almost $2 million so far in fighting the Chumash’s effort to place 6.9 acres into trust for them. The tribe’s plans for the land include a retail building, cultural center, museum and commemorative park. The property is directly across Highway 246 from the Chumash Casino and Resort.

The money was awarded under the Equal Access to Justice Act.

In January 2005, the Bureau of Indian Affairs approved the Chumash’s application to place the land into trust in exchange for a promise from the tribe to sign a memorandum of understanding. The contract was never signed. Santa Barbara County had the right to file an appeal did not do so. POLO and POSY then filed their own appeal.

The Interior Board of Indian Appeals twice concluded that the groups had no standing to appeal the approval of the tribe’s application.

On July 9, 2008, U.S. District Court Judge A. Howard Matz's ruling in Los Angeles found the fee-to-trust process flawed and supported citizens' rights to appeal.

Matz’ determined that the Interior Board of Indian Appeals had ignored its own binding regulations on standing in the case, and also had not properly considered its regulations on standing in other similar cases before it.