COUNTY OF EL DORADO v. DEPT. OF TRANSP.

Nos. C046372, C048141.

35 Cal.Rptr.3d 533 (2005)

COUNTY OF EL DORADO, Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION et al., Defendants and Respondent; Lakes Entertainment, Inc., Real Party in Interest and Respondent; Shingle Springs Band of Miwok Indians, et al., Interveners and Respondents. Voices for Rural Living et al., Plaintiffs and Appellants, v. Department of Transportation, Defendant and Appellant; Shingle Springs Band of Miwok Indians et al., Interveners and Appellants.

Court of Appeals of California, Third District.

November 8, 2005.


Attorney(s) appearing for the Case

Louis B. Green, County Counsel, Edward L. Knapp, Assistant County Counsel; The Diepenbrock Law Firm, Diepenbrock Harrison, Mark D. Harrison, Michael V. Brady, Andrea A. Matarazzo and Michael E. Vinding for Plaintiff, Appellant and Respondent County of El Dorado.

Law Offices of Stephan C. Volker, Stephan C. Volker and Joshua A.H. Harris for Plaintiff, Appellant and Respondent Voices for Rural Living and Shingle Springs Neighbors for Quality Living.

Sonnenschein Nath & Rosenthal, Nicholas C. Yost, Paula M. Yost and Kathleen Boergers; Brigit S. Barnes & Associates, Brigit S. Barnes and Karin E. Schwab; Clement, Fitzpatrick & Kenworthy and Anthony Cohen for Intervener and Appellant Shingle Springs Band of Miwok Indians and Real Party in Interest and Appellant Lakes Entertainment, Inc.

Morrison & Foerster, Michael H. Zischke, Donna R. Black, David C. Levy and R. Chad Hales for Defendant and Appellant Department of Transportation.

Morrison & Foerster, Michael H. Zischke, Donna R. Black and David E. Levy; Sonnenschein Nath & Rosenthal, Nicholas C. Yost and Paula M. Yost for Defendant and Respondent Department of Transportation, Intervener and Respondent Shingle Springs Band of Miwok Indians and Real Party in Interest and Respondent Lakes Entertainment, Inc.

Brigit S. Barnes & Associates, Brigit S. Barnes and Karin E. Schwab for Intervener and Respondent Shingle Springs Band of Miwok Indians and Real Party in Interest and Respondent Lakes Entertainment, Inc.

Clement, Fitzpatrick & Kenworthy and Anthony Cohen for Intervener and Respondent Shingle Springs Band of Miwok Indians.


DAVIS, J.

The Shingle Springs Band of Miwok Indians (the Tribe) is a federally recognized tribe consisting of 334 individuals, 18 of whom reside on the Tribe's 160-acre rancheria (the Rancheria) located in El Dorado County, a short distance from Highway 50, but without a vehicle interchange nearby. In 2000, California voters approved a change to the state Constitution that granted groups of Native Americans such as the Tribe a monopoly to operate and financially benefit...

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