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GOBIN v. SNOHOMISH COUNTY

No. 00-36031.

304 F.3d 909 (2002)

Kim GOBIN; Guy Madison, Plaintiffs-Appellees, v. SNOHOMISH COUNTY; Stephen Holt, Director, Snohomish County Department of Planning and Development Services, Defendants-Appellants, v. The Tulalip Tribes of Washington, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2002.

Attorney(s) appearing for the Case

Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for the plaintiffs-appellees.

A. Reid Allison III, Tulalip Tribes of Washington, Office of Reservation Attorney, Tulalip, Washington, for the plaintiff-intervenor-appellee.

Todd S. Kim, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the amicus.

Thomas M. Fitzpatrick, Snohomish County Prosecuting Attorney's Office, Everett, Washington, for the defendants-appellants.

Steven J. Bladek, Snohomish County Prosecuting Attorney's Office, Everett, Washington, for the defendants-appellants.

Before BRUNETTI, TROTT and TALLMAN, Circuit Judges.

OPINION

TROTT, Circuit Judge:

Snohomish County ("County") asserted land use jurisdiction over a proposed building project located on reservation land owned in fee simple by Kim Gobin and Guy Madison (collectively "Gobin"), registered members of the Tulalip Tribes of Washington ("the Tribes"). Gobin sought a declaratory judgment that the County lacked such jurisdiction over her lands. The district court agreed...

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