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STATE EX REL. DEWBERRY v. KULONGOSKI

(CC 16-03-23044; CA A124001; SC S056410).

210 P.3d 884 (2009)

346 Or. 260

STATE ex rel Susan DEWBERRY, Carole Holcombe, Suzane Danielson and Arnold Buchman, Respondents on Review, v. The Honorable Theodore R. KULONGOSKI, Governor of the State of Oregon; and other Executive Officers in the State of Oregon, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Anna M. Joyce, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the briefs were Hardy Myers, Attorney General, Stephanie L. Striffler, Special Counsel to the Attorney General, and Mary H. Williams, Solicitor General.

Kelly Clark, O'Donnell Clark & Crew, LLP, Portland, argued the cause for respondents on review. With him on the briefs was Kristian Roggendorf.

Craig J. Dorsay, Dorsay & Easton LLP, Portland; Howard G. Arnett, Dennis C. Karnopp, Karnopp Petersen LLP, Bend; Wayne Shammel, Roseburg; Dan Hester, Hester & Zehren LLC, Louisville, Colorado; Kimberly D'Aquila, Tribal Attorney Office, Grande Ronde; Edmund Clay Goodman, Hobbs, Straus, Dean & Walker, LLP, Portland; Brett Kenney, Tribal Attorney, North Bend, and Dirk E. Doyle, Roseburg, filed a brief on behalf of amici curiae Confederated Tribes of Siletz Indians of Oregon, The Confederated Tribes of the Warm Springs Reservation of Oregon, The Cow Creek Band of Umpqua Tribe of Indians, The Confederated Tribes of the Umatilla Reservation, The Confederated Tribes of the Grand Ronde Community of Oregon, the Klamath Tribes, and the Coquille Indian Tribe.

DE MUNIZ, C. J.

Relators filed a petition for a writ of mandamus in Lane County Circuit Court in 2003, challenging the Governor's authority to enter into a gaming compact with the Confederated Tribes of Coos, Lower Umpqua, and Suislaw Indians (the Tribes). Under the compact, the Tribes would be permitted to open a casino near Florence, Oregon. On the state's motion, the trial court dismissed relators' petition on two grounds: (1) relators had failed to show that they...

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