El Dorado Cty. v. Caltrans
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Filed 12/6/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) COUNTY OF EL DORADO, C046372, C048141 Plaintiff and Appellant, (Super. Ct. No. 03CS00003) 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. -1- ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN JUDGMENT VOICES FOR RURAL LIVING et al., (Super. Ct. No. 03CS00018 Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Appellant; SHINGLE SPRINGS BAND OF MIWOK INDIANS et al., Interveners and Appellants. THE COURT: It is ordered that the opinion filed in this case on November 8, 2005, be modified as follows: 1. On page 3 of the opinion, in the first line of the first sentence of the first full paragraph of page 3, add the word allegedly between the words is and a, and on the second line, change the phrase tribe consisting of to tribe that consists of so that the sentence reads: The Shingle Springs Band of Miwok Indians (the Tribe) is allegedly a federally recognized tribe that consists 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. -2- 2. On page 3 of the opinion in the third line of the second sentence of the first full paragraph of page 3, add the word near between the words a and monopoly so that the line reads: groups of Native Americans such as the Tribe a near monopoly to 3. On page 5 of the opinion, at the end of the first paragraph following the heading Background and ending with the citation (25 U.S.C. ยง 479a-1.) , add footnote reference 2 and a footnote that reads: The issues of federal recognition of the Tribe and trust status of the Rancheria are subject to a separate federal action. This court does not reach a conclusion on either issue. Renumber the remaining footnotes in the opinion to correspond with this added footnote. 4. On page 53 of the opinion, in line 6 of the third full paragraph of page 53, change the word is to will be so that the line reads: interchange/hotel-casino project will be located entirely on tribal, This modification does not change the judgment. The petitions for rehearing filed by Appellant and Respondent El Dorado County, Respondent Department of Transportation, Intervener and Respondent Shingle Springs Band of Miwok Indians and Real Party in Interest and Respondent Lakes -3- Entertainment, Inc. and Voices for Rural Living and Shingle Springs Neighbors for Quality Living are denied. FOR THE COURT: BLEASE DAVIS , J. HULL -4- , Acting P.J. , J.
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