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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.

In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

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The methods allegedly used by the duo mirror those employed by organized crews in a wave of burglaries targeting gaming establishments across the state, particularly in the Chicago suburbs.

Police allege Heckman and Ziemer typically gained entry through the roof, cut the power, and used sledgehammers and crowbars to smash or remove ATMs.

Their targets included Nellie’s Tavern in Decatur, where an ATM was stolen July 17, and Debbie’s Gaming, also in Decatur, where thieves failed to pry an ATM from the floor July 30.