Stop the Casino 101 Coalition v. Brown

STOP THE CASINO

101 COALITION et al.,

Plaintiffs and Appellants,

v.

EDMUND G. BROWN, JR.,

as Governor, etc.,

Defendant and Respondent.

No.  A140203

(Sonoma County

Super. Ct. No. SCV-251712)

California Courts of Appeal

First Appellate District

Division Three

Filed October 28, 2014

ORDER MODIFYING OPINION

AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

THE COURT:

The opinion filed herein on October 3, 2014, is modified as follows:

On page 4, footnote 2, add to the end of the paragraph ?In view of our determination of other issues, we need not reach the coalitions? argument regarding application of the doctrine of judicial estoppel in this case? so that the footnote reads:

2 / The trial court also stated that in view of a petition for a writ of mandate that the coalition filed in October 2012 premised on the existence of the compact, unsuccessfully challenging alleged noncompliance with the California Environmental Quality Act, it appeared ?that judicial estoppel should apply to [the coalition?s] position in the instant action that Government Code section 12012.56 is invalid. In view of our determination of other issues, we need not reach the coalitions? argument regarding application of the doctrine of judicial estoppel in this case.?

The petition for rehearing is denied. There is no change in the judgment.

Date:

______Acting P.J.

Counsel for Plaintiffs and Appellants:

     SLOTE, LINKS & BOREMAN, LLP

Robert D. Links

Marglyn E. Paseka

Michael T. Healy

Bruce A. Mirolglio

Minh C. Tran, Napa County Counsel,

for County of Napa,

City of American Canyon,

Napa County Farm Bureau,

Napa Valley Grapegrowers,

and

Napa Valley Winegrowers

as amicus curiae on behalf of plaintiffs and appellants.

Counsel for Defendant and Respondent:

     Kamala D. Harris,

Attorney General,

Sara J. Drake,

Senior Assistant Attorney General,

William L. Williams, Jr.,

Deputy Attorney General.