MORONGO BAND OF MISSION INDIANS v. STATE WATER RESOURCES CONTROL BD.

No. S155589.

45 Cal.4th 731 (2009)

MORONGO BAND OF MISSION INDIANS, Plaintiff and Respondent, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant.

Supreme Court of California.

February 9, 2009.


Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Gordon Burns, Deputy State Solicitor General, Tom Greene and Janet Gaard, Chief Assistant Attorneys General, Mary E. Hackenbracht, Assistant Attorney General, and Matthew J. Goldman, Deputy Attorney General, for Defendant and Appellant.

Manuela Albuquerque and Patrick Whitnell for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Peter H. Mixon and S. Kingsley Macomber for California Public Employees' Retirement System as Amicus Curiae on behalf of Defendant and Appellant.

Michael Asimow as Amicus Curiae on behalf of Defendant and Appellant.

Somach Simmons & Dunn, Stuart L. Somach, Kristen T. Castaños, Kanwarjit S. Dua and Daniel Kelly for Plaintiff and Respondent.

Diepenbrock Harrison, Michael V. Brady, Jon D. Rubin, David A. Diepenbrock, Valerie C. Kincaid and Sean K. Hungerford for San Luis & Delta-Mendota Water Authority and Westlands Water District as Amici Curiae on behalf of Plaintiff and Respondent.

Downey Brand, Kevin M. O'Brien, Maja K. Haium and Andrea P. Clark as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

KENNARD, J.

In an administrative proceeding to revoke a water license, does it violate the license holder's constitutional right to due process of law, as the Court of Appeal held here, for the agency attorney prosecuting the matter before the State Water Resources Control Board to simultaneously serve as an adviser to that board on an unrelated matter? We conclude that the answer...

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