PAUMA BAND OF LUISENO MISSION v. CALIFORNIA

Nos. 14-56104, 14-56105.

804 F.3d 1031 (2015)

PAUMA BAND OF LUISENO MISSION INDIANS OF THE PAUMA & YUIMA RESERVATION, aka Pauma Band of Mission Indians, aka Pauma Luiseno Band of Mission Indians, Plaintiff-Appellee/Cross-Appellant, v. State of CALIFORNIA; California Gambling Control Commission, an agency of the State of California; Edmund G. Brown, Jr., as Governor of the State of California, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2015.


Attorney(s) appearing for the Case

Teresa Michelle Laird (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Sara J. Drake , Senior Assistant Attorney General; Neil D. Houston , Deputy Attorney General, San Diego, CA, for Defendants-Appellants/Cross-Appellees.

Cheryl A. Williams (argued) and Kevin M. Cochrane , Williams & Cochrane, LLP, San Diego, CA, for Plaintiff-Appellee/Cross-Appellant.

Opinion by Judge TALLMAN; Dissent by Chief District Judge JARVEY.


OPINION

Sixteen years ago more than sixty Native American tribes entered into Tribal-State Gaming Compacts with the State of California. Sadly, the long and tortured history leading to the culmination of these Compacts did not cease there. Rather, litigation based on ambiguous provisions as to the number of authorized...

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